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 .
Election/Restrictions
Applicant's election with traverse of Group I,
encompassing claims 1-8, 11-15 and 22, Species 1-fig. 3, in the reply filed on 10/08/2025 is acknowledged. The traversal is on the ground(s) that no serious burden to examine claims of both Group I-II. This is not found persuasive because MPEP 808.02 identifies 3 options to support the
burden requirement:
1) different field of search
2) separate classification with separate field of search
3) separate status with separate field of search
Each of these requirements includes a separate field of search component Separate field of search means it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other invention(s)
It is argued further that Applicants submit each group is not distinct. Claim 1 of Group I and claim 16 of Group II are currently revised to include all features of claims 2 and 17, respectively, and then both recite the corresponding technical features "the display panel comprises a first display region and a second display region at an outer edge of the first display region, wherein the display panel comprises: a plurality of first pixel circuits between the base substrate and the first insulating layer
and in the second display region; and light emitting devices on a side of the traces away from the base substrate and in the first display region, wherein each trace is used for electrically connecting the corresponding first pixel circuit and the corresponding light emitting device, so that the first
pixel circuit drives the corresponding light emitting device to emit light". As such, Group I and Group II now DO NOT lack the same or corresponding technical feature as alleged by the Examiner. The inventive concept of Group I is necessarily present in Groups II. Therefore, the Examiner is improperly requiring election of Groups of claims that are drawn to the same inventive concept. As such, Applicants respectfully request the Examiner to reconsider and withdraw the requirement of restriction with respect to Groups I and II under 35 U.S.C. §§ 121 and 372. In conclusion, claims 3-8, 11-15 and 18-22 are all linked by the inventive concept defined in claims 1 and 16, and they cannot be restricted for lack of unity of invention under PCT Rule 13.1 and 13.2.
However, the examiner is not persuaded as the inventions listed as Groups I and II do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons: They are not novel over prior art – Yoon et al. 20180047802.
The common features including as claimed cannot qualify as special technical features as they do not provide a contribution over the prior art as shown below:
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Figs. 1-5 of Yoon discloses a display panel, comprising:
a base substrate 100;
a first insulating layer (composite layer of 125 and 160) on a side of the base substrate;
wherein the first insulating layer comprises a plurality of grooves (fig. 5) and a plurality of protrusions on a side of the first insulating layer away from the base substrate and alternately arranged in sequence;
each groove comprises a side wall and a bottom surface, and each protrusion comprises a top surface; and
traces (215c1/215c2) on the side of the first insulating layer away from the base substrate,
wherein the traces comprise first traces 215c1 and second traces 215c2, each first trace is on a side of the top surface of the corresponding protrusion away from the base substrate, each second trace is on the bottom surface of the corresponding groove, and the first traces are disconnected from the second traces;
wherein the display panel comprises a first display region (P – pixel region) and a second display region (another P – pixel region) at an outer edge of the first display region (each Pixel region has a defining boundary which is a type of edge), wherein the display panel comprises:
a plurality of first pixel circuits (TFTS 210s) between the base substrate and the first insulating layer and in the second display region (this is necessary the case each is display region including the second display region has 210); and
light emitting devices 300 on a side (top side) of the traces away from the base substrate and in the first display region (each pixel including the first display region has a 300),
wherein each trace is used for electrically connecting the corresponding first pixel circuit and the corresponding light emitting device (par [0095] - the wire 215c may be electrically connected to the TFT, etc., in the display area DA via the first conductive layer 213a),
so that the first pixel circuit drives the corresponding light emitting device to emit light (see fig. 3).
As such claims 16 and 18-21 are withdrawn from consideration. The requirement is still deemed proper and is therefore made FINAL.
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, 3-15 and 22 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.
Claim 1, line 16 recites “and in the second display region” is unclear and indefinite as to what is “in the second display region”. Examiner will consider to mean the plurality of first pixel circuits is in the second display region.
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.
Claims 1, 6, 12-13 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon et al. 20180047802.
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Regarding claim 1, figs. 1-5 of Yoon discloses a display panel, comprising:
a base substrate 100;
a first insulating layer (composite layer of 125 and 160) on a side of the base substrate;
wherein the first insulating layer comprises a plurality of grooves (fig. 5) and a plurality of protrusions on a side of the first insulating layer away from the base substrate and alternately arranged in sequence;
each groove comprises a side wall and a bottom surface, and each protrusion comprises a top surface; and
traces (215c1/215c2 – fig. 5) on the side of the first insulating layer away from the base substrate,
wherein the traces comprise first traces 215c1 and second traces 215c2, each first trace is on a side of the top surface of the corresponding protrusion away from the base substrate, each second trace is on the bottom surface of the corresponding groove, and the first traces are disconnected from the second traces;
wherein the display panel comprises a first display region (P – pixel region) and a second display region (another P – pixel region) at an outer edge (each Pixel region has a defining boundary which is a type of outer edge – this interpretation is consistent with applicant b1 of applicant’s fig. 2) of the first display region, wherein the display panel comprises:
a plurality of first pixel circuits (TFTS 210s) between the base substrate and the first insulating layer and in the second display region (this is necessary the case each is display region including the second display region has a TFT 210); and
light emitting devices 300 on a side (top side) of the traces away from the base substrate and in the first display region (each pixel including the first display region has a 300),
wherein each trace is used for electrically connecting the corresponding first pixel circuit and the corresponding light emitting device (par [0095] - the wire 215c may be electrically connected to the TFT, etc., in the display area DA via the first conductive layer 213a),
so that the first pixel circuit drives the corresponding light emitting device to emit light (see fig. 3).
Regarding claim 6, fig. 3 of Yoon discloses wherein the display panel further comprises an under-screen functional region 510 (this under 520 which is a type of screen), and an orthographic projection of the first display region on the base substrate overlaps with an orthographic projection of the under-screen functional region on the base substrate.
Regarding claim 12, fig. 3 of Yoon discloses further comprising: a third insulating layer 150 on a surface of the first insulating layer close to the base substrate, wherein an orthographic projection of the first insulating layer on the base substrate covers an orthographic projection of the third insulating layer on the base substrate, and the orthographic projection of the third insulating layer on the base substrate does not overlap with an orthographic projection of each groove on the base substrate to have a non-overlapping region therebetween.
Regarding claim 13, fig. 3 of Yoon discloses further comprising: a fourth insulating layer 600 on a surface of the first insulating layer close to the base substrate, wherein an orthographic projection of the fourth insulating layer on the base substrate covers an orthographic projection of each groove on the base substrate.
Regarding claim 22, fig. 3 of Yoon discloses a display apparatus, comprising: the display panel according to claim 1, which comprises a first display region P and a second display region (another P); wherein the display panel comprises an under-screen functional region 510 (which is under 520), and an orthographic projection of the under-screen functional region on the display panel overlaps with an orthographic projection of the first display region on the display panel.
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 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon.
Regarding claim 3, Yoon discloses claim 1. Fig. 5 of Yoon discloses wherein an angle between the side wall of each groove and a plane where the bottom surface of the groove is located is in a range from 65° to 90°. Yoon does not disclose a depth of each groove is h1-h2.
Yoon does not disclose a depth of each groove is in a range from 100 nm to 480 nm.
However, although Yoon is silent about the claimed range, it should be noted that a range inherently exist.
Therefore, the prior art of Yoon provides foundation for experimental optimization and suggests a progress of changes in size/proportion in order to have thick enough interlayer insulating layer.
Therefore, while the structure of Yoon does not quantitatively state a range, the courts have held that when the only difference between the claimed invention and the prior art is a size/proportion, then a prima facie case of obviousness exists [See MPEP 2144.04(IV)(A)].
Therefore, it would have been obvious to one of ordinary skill in the art to form a device of Yoon wherein a depth of each groove is in a range from 100 nm to 480 nm order to have thick enough interlayer insulating layer.
Regarding claim 4, Yoon discloses claim 1. Yoon does not disclose of wherein a horizontal distance between the first trace and the second trace adjacent to each other is in a range from 1.8 μm to 2.5 μm.
However, although Yoon is silent about the claimed range, it should be noted that a range inherently exist.
Therefore, the prior art of Yoon provides foundation for experimental optimization and suggests a progress of changes in size/proportion in order to have thick enough interlayer insulating layer.
Therefore, while the structure of Yoon does not quantitatively state a range, the courts have held that when the only difference between the claimed invention and the prior art is a size/proportion, then a prima facie case of obviousness exists [See MPEP 2144.04(IV)(A)].
Therefore, it would have been obvious to one of ordinary skill in the art to form a device of Yoon wherein a horizontal distance between the first trace and the second trace adjacent to each other is in a range from 1.8 μm to 2.5 μm in order to prevent short circuit.
Regarding claim 5, Yoon discloses claim 1. Fig. 5 of Yoon disclose wherein the plurality of grooves do not penetrate through the first insulating layer. Yoon does not disclose a thickness of the first insulating layer at the bottom surface is in a range from 20 nm to 50 nm.
However, although Yoon is silent about the claimed range, it should be noted that a range inherently exist.
Therefore, the prior art of Yoon provides foundation for experimental optimization and suggests a progress of changes in size/proportion in order to have thick enough interlayer insulating layer.
Therefore, while the structure of Yoon does not quantitatively state a range, the courts have held that when the only difference between the claimed invention and the prior art is a size/proportion, then a prima facie case of obviousness exists [See MPEP 2144.04(IV)(A)].
Therefore, it would have been obvious to one of ordinary skill in the art to form a device of Yoon wherein a thickness of the first insulating layer at the bottom surface is in a range from 20 nm to 50 nm in order to meet applicant thickness specification.
Allowable Subject Matter
Claims 7-8, 11 and 14-15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VONGSAVANH SENGDARA whose telephone number is (571)270-5770. The examiner can normally be reached 9AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PURVIS A. Sue can be reached on (571 )272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VONGSAVANH SENGDARA/Primary Examiner, Art Unit 2893
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