DETAILED ACTION
Response to Arguments
Applicant's arguments filed 9/12/25 have been fully considered but they are not persuasive.
Applicant argues that Zhang “at best … discloses lens layers with superficial similarity to depictions of optical path control units” and “offers no disclosure or suggestion of any kind regarding configurations of optical path control units in orthographic projecting imaging” and therefore fails to disclose “an orthographic projection image of the first optical path control units is included in an orthographic projection image of the second optical path control unit” (Remarks, p. 7).
Applicant’s Specification refers to the optical path control units as lens members, which “may be formed in a shape suitable for functioning as lenses in a broad sense” (Spec, [0012], [0017]-[0018], [0062]). Zhang teaches lenses. Applicant has not distinguished the claimed optical path control units from lenses.
Applicant’s Fig. 3A and Spec at [0062] describe where the orthographic projection image of optical path control unit 71 is located on the inner side and outer periphery of the orthographic projection image of optical path control unit 72.
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Zhang does not explicitly discuss orthographic projection images of the elements. However, Zhang discloses the same arrangement of elements (see Fig. 4, reproduced below), where the orthographic projection images of lenses 32, 34, and 36 are on the inner side and at the outer periphery of the orthographic projection image of lens 37.
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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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-9 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 107833877 A) in view of Sun (U.S. PGPub 2021/0193763).
Regarding claim 1, Zhang teaches a light emitting unit including a light emitting region ([0017], LED base plate 11/31 including LED chip, [0062], [0112]); a first optical path control unit group including a plurality of first optical path control units formed above the light emitting unit and a second optical path control unit formed on or above the first optical path control unit group, wherein the first optical path control units and the second optical path control unit have positive optical power, light emitted from the light emitting unit and focused by the first optical path control units is further focused by the second optical path control unit, and teaches wherein an orthographic projection image of the first optical path control units is included in an orthographic projection image of the second optical path control unit (Fig. 4, optical path control units 32, 34, 36, 37; [0046]; [0112]-[0114], [0120]).
Zhang does not explicitly teach where the light emitting unit has an organic electroluminescence layer. Zhang teaches wherein the display comprises RGB emission ([0062]).
Sun teaches an RGB emission display panel comprising an organic electroluminescence layer ([0076]) and a lens array (Figs. 6-7).
Therefore it would have been obvious to a person having ordinary skill in the art to combine the teachings of Sun with Zhang such that the light emitting unit has an organic electroluminescence layer for the purpose of providing the advantages of Zhang ([0027]) to an OLED display with a reasonable expectation of success.
Regarding claim 3, the combination of Zhang and Sun teaches wherein the orthogonal projection image of the first optical path control units in the first optical path control units is located on an outer periphery of the orthogonal projection image of the second optical path control unit (Zhang, Fig. 4, 36, 37).
Regarding claim 4, the combination of Zhang and Sun teaches wherein the first optical path control units and the second optical path control unit each of which consists of a plano-convex lens having a convex shape in a direction away from the light emitting unit (Zhang, Fig. 4, [0047], [0114]).
Regarding claim 5, Sun teaches wherein a color filter layer may be above or below the lens array (Figs. 6-7, 180, 160, [0104]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to further combine the teachings of Sun with Zhang such that a wavelength selection unit is provided above the light emitting unit, and the first optical path control units and the second optical path control unit provided on or above the wavelength selection unit for the purpose of providing a better display effect (Sun, [0075]).
Regarding claim 6, the combination of Zhang and Sun teaches wherein a third optical path control unit is provided between the wavelength selection unit and the first optical path control units (Zhang, Fig. 4; Sun, Fig. 6).
Regarding claim 7, the combination of Zhang and Sun teaches wherein one of the third optical path control units are provided for each of the first optical path control units (Zhang, Fig. 4).
Regarding claim 8, the combination of Zhang and Sun teaches wherein a third optical path control unit is provided beneath or below the first optical path control unit (Zhang, Fig. 4).
Regarding claim 9, the combination of Zhang and Sun teaches wherein one of the third optical path control units are provided for each of the first optical path control units (Zhang, Fig. 4).
Regarding claim 13, Sun teaches wherein a color filter layer may be above or below the lens array (Figs. 6-7, 180, 160, [0104]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to further combine the teachings of Sun with Zhang such that a wavelength selection unit is provided on or above the second optical path control unit for the purpose of providing a better display effect (Sun, [0075]).
Regarding claim 14, the combination of Zhang and Sun teaches wherein a third optical path control unit is provided beneath or below the first optical path control unit (Zhang, Fig. 4).
Regarding claim 15, the combination of Zhang and Sun teaches wherein one of the third optical path control units are provided for each of the first optical path control units (Zhang, Fig. 4).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 107833877 A) in view of Sun (U.S. PGPub 2021/0193763) and Choi (U.S. PGPub 2016/0043145).
Regarding claim 10, Sun teaches wherein a color filter layer may be above or below the lens array (Figs. 6-7, 180, 160, [0104]).
Choi teaches wherein a color filter array may be formed between two lens arrays (Fig. 4, [0097]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Sun and Choi with Zhang such that a wavelength selection unit is provided between the first optical path control units and the second optical path control unit for the purpose of providing a better display effect (Sun, [0075]; Choi, [0097]).
Regarding claim 11, the combination of Zhang, Sun, and Choi teaches wherein a third optical path control unit is provided beneath or below the first optical path control unit (Zhang, Fig. 4).
Regarding claim 12, the combination of Zhang, Sun, and Choi teaches wherein one of the third optical path control units are provided for each of the first optical path control units (Zhang, Fig. 4).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (U.S. PGPub 2020/0218114) in view of Zhang (CN 107833877 A).
Regarding claim 16, Yang teaches a display device (Fig. 16) comprising a first substrate (40, [0074]), a second substrate (04, [0086]), a plurality of light emitting element units including a plurality of types of light emitting elements ([0044], sub-pixels), wherein each light emitting element includes a light emitting unit provided above the first substrate and including a light emitting region (50, [0073]), and an optical path control unit formed above the light emitting unit, where the optical path control unit has positive optical power (201, [0055]).
Yang does not explicitly teach a first optical path control unit group including a plurality of first optical path control units formed above the light emitting unit, a second optical path control unit formed on or above the first optical path control unit group, wherein the first optical path control units and the second optical path control unit have positive optical power, light emitted from the light emitting unit and focused by the first optical path control units is further focused by the second optical path control unit, and an orthographic projection image of the first optical path control units is included in an orthographic projection image of the second optical path control unit.
Zhang teaches a light emitting unit including a light emitting region ([0017], LED base plate 11/31 including LED chip, [0062], [0112]); a first optical path control unit group including a plurality of first optical path control units formed above the light emitting unit and a second optical path control unit formed on or above the first optical path control unit group, wherein the first optical path control units and the second optical path control unit have positive optical power, light emitted from the light emitting unit and focused by the first optical path control units is further focused by the second optical path control unit, and wherein an orthographic projection image of the first optical path control units is included in an orthographic projection image of the second optical path control unit (Fig. 4, optical path control units 32, 34, 36, 37; [0046]; [0112]-[0114], [0120]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Zhang with Yang such that an optical path control unit comprises a plurality of first optical path control units formed above the light emitting unit, a second optical path control unit formed on or above the first optical path control unit group, wherein the first optical path control units and the second optical path control unit have positive optical power, light emitted from the light emitting unit and focused by the first optical path control units is further focused by the second optical path control unit, and wherein an orthographic projection image of the first optical path control units is included in an orthographic projection image of the second optical path control unit for the purpose of improving light dispersion (Zhang, [0027]).
Regarding claim 17, the combination of Yang and Zhang teaches wherein the orthogonal projection image of the first optical path control units in the first optical path control units is located on an outer periphery of the orthogonal projection image of the second optical path control unit (Zhang, Fig. 4, 36, 37).
Regarding claim 18, the combination of Yang and Zhang teaches wherein the first optical path control units and the second optical path control unit each of which consists of a plano-convex lens having a convex shape in a direction away from the light emitting unit (Zhang, Fig. 4, [0047], [0114]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (U.S. PGPub 2020/0218114) in view of Zhang (CN 107833877 A) and Sun (U.S. PGPub 2021/0193763).
Regarding claim 19, the combination of Yang and Zhang does not explicitly teach wherein a wavelength selection unit is provided above the light emitting unit, and the first optical path control units and the second optical path control unit provided on or above the wavelength selection unit.
Sun teaches wherein a color filter layer may be above or below the lens array (Figs. 6-7, 180, 160, [0104]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to further combine the teachings of Sun with Yang and Zhang such that a wavelength selection unit is provided above the light emitting unit, and the first optical path control units and the second optical path control unit provided on or above the wavelength selection unit for the purpose of providing a better display effect (Sun, [0075]).
Regarding claim 20, the combination of Yang, Zhang, and Sun teaches wherein a third optical path control unit is provided between the wavelength selection unit and the first optical path control units (Zhang, Fig. 4; Sun, Fig. 6).
Regarding claim 21, the combination of Yang, Zhang, and Sun teaches wherein one of the third optical path control units are provided for each of the first optical path control units (Zhang, Fig. 4).
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 ALIA SABUR whose telephone number is (571)270-7219. The examiner can normally be reached M-F 9:30-5:30.
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/ALIA SABUR/ Primary Examiner, Art Unit 2812