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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 4, 7, 9 – 11, and 13 - 16 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 20200403029 A1 hereinafter Kim.
For claim 1, Kim teaches “A display device comprising a pixel comprising a first sub-pixel configured to emit a first color light (fig. 13 numeral PXL1; Par. [0020]; Par. [0080]) and a second sub-pixel configured to emit a second color light different from the first color light (fig. 13 numeral PXL2; Par. [0080 – 0082]), the display device comprising: a substrate (fig. 14 numeral SUB) comprising an emission area (fig. 14 numeral PXL1, PXL2, and PLX3) and a non-emission area surrounding the emission area (fig. 14, non-emission areas defined by the bank patterns BNKP shown between emission areas; Par. [0150 – 0152]); a bank in the non-emission area on the substrate (fig. 14 numeral BNKP); a first electrode and a second electrode in each of the first sub-pixel and the second sub-pixel on the substrate (fig. 14 numeral RFE1 and RFE2); a light emitting element between the first electrode and the second electrode in the emission area (fig. 14 numeral LD); and a protection layer on the substrate (fig. 14 numeral INS1), wherein the protection layer comprises: a first area in the emission area and located between the wavelength conversion layer (fig. 14 numeral WCL1 and WCL2) and the light emitting element (fig. 14 shows protection layer INS1 being between the light emitting element LD and the wavelength conversion layer WCL1/WCL2); and a second area in the non-emission area and located between the substrate and the bank (fig. 14 numeral INS1 shows the protection between the bank BNKP and the substrate SUB in the non-emission areas).”
For claim 2, Kim teaches “The display device of claim 1, wherein the emission area comprises a first emission area of the first sub-pixel and a second demission area of the second sub-pixel (fig. 14 numeral PXL1 and PXL2), wherein the non-emission area comprises a first non-emission area between the first emission area and the second emission area (fig. 14 non-emission area defined by banks BNKP), wherein the first area of the protection layer comprises a first portion in the first emission area and a second portion in the second emission area, and wherein the second area of the protection layer is located in the first non-emission area (fig. 14 shows protection layer INS1 in both emission areas PXL1 and PXL2 and with a second area located in the first non-emission area defined by the bank BNKP).”
For claim 3, Kim teaches “The display device of claim 2, wherein the second area of the protection layer is located between the first portion of the protection layer and the second portion of the protection layer, and wherein the second area of the protection layer connects the first portion of the protection layer to the second portion of the protection layer (fig. 14 shows protection layer 14 having the second area of the protection layer in the non-emission area connecting a first and second portion of the protection layer in the first and second emission layers).”
For claim 4, Kim teaches “The display device of claim 2, wherein the wavelength conversion layer comprises a first wavelength conversion pattern in the first emission area (fig. 14 numeral WCL1) and a second wavelength conversion pattern in the second emission area (fig. 14 numeral WCL2).”
For claim 7, Kim teaches “The display device of claim 1, wherein the first area of the protection layer and the second area of the protection layer are integrated (fig. 14; protection layer INS1 is shown integrated between the emission areas and the non-emission area).”
For claim 9, Kim teaches “A display device comprising: a substrate (fig. 14 numeral SUB) comprising an emission area (fig. 14 numeral PXL1, PXL2, and PLX3) and a non-emission area (fig. 14, non-emission areas defined by the bank patterns BNKP shown between emission areas; Par. [0150 – 0152]), the emission area comprising a first emission area and a second emission area (fig. 14 numeral PXL1 and PXL2), and the non-emission area comprising a first non-emission area between the first emission area and the second emission area (fig. 14 non-emission area defined by bank BNKP between emission areas PXL1 and PXL2); a first electrode and a second electrode located in each of the first emission area and the second emission area and spaced from each other on the substrate (fig. 14 numeral RFE1 and RFE2); a plurality of light emitting elements in each of the first emission area and the second emission area and located between the first electrode and the second electrode (fig. 14 numeral LD); a bank in the non-emission area and comprising an opening exposing each of the first emission area and the second emission area (fig. 14 numeral BNKP); a first wavelength conversion pattern on the light emitting element in the first emission area (fig. 14 numeral WCL1); a second wavelength conversion pattern on the light emitting element in the second emission area (fig. 14 numeral WCL2); a first protection layer between the light emitting element and the first wavelength conversion pattern in the first emission area; a second protection layer between the light emitting element and the second wavelength conversion pattern in the second emission area; and a third protection layer spatially connecting the first emission area to the second emission area and located in a passage located in the first non-emission area (fig. 14 numeral INS1 is between the light emitting elements and the wavelength conversion patterns in the emission areas, and connects the first and second portions in the first and second emitting areas through a passage in the non-emission area).”
For claim 10, Kim teaches “The display device of claim 9, wherein the first protection layer, the second protection layer, and the third protection layer comprises a same material (Par. [0137 - 0138]).”
For claim 11, Kim teaches “The display device of claim 10, wherein the first protection layer, the second protection layer, and the third protection layer are integrated (fig. 14 shows protection layer INS1 being integrated).”
For claim 13, Kim teaches “The display device of claim 9, wherein the third protection layer connects the first protection layer to the second protection layer (fig. 14 numeral INS1).”
For claim 14, Kim teaches “The display device of claim 9, wherein the passage comprises a plurality of passages in the first non-emission area (fig. 14 shows the non-emission area defined by the bank BNKP having passages above the bank and below the bank that allows layers to go between the first and second emission areas PXL1 and PXL2).”
For claim 15, Kim teaches “The display device of claim 9, wherein the passage is a separation space between the substrate and the bank (fig. 14 shows a passage below the bank BNKP being a space between the bank and the substrate SUB).”
For claim 16, Kim teaches “The display device of claim 9, wherein the third protection layer overlaps a bottom surface of the bank, and wherein the first protection layer and the second protection layer do not overlap the bottom surface of the bank (fig. 14 shows protection layer INS1 having the third layer overlapping the bottom surface of the bank BNKP while having the first and second layers in the emission areas not overlapping the bank BNKP).”
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.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim.
For claim 5, Kim teaches all of claim 2. Kim also teaches the pixel including a third sub-pixel configured to emit a third color light that is different from the first color light and the second color light (fig. 14 numeral PXL3), a third emission area of the third sub-pixel (area defined by PXL3), wherein the non-emission area further comprises a second non-emission are between the third emission area and the second emission area (non-emission area defined by bank BNKP between the third emission area PXL3 and second emission area PXL2). Kim does not explicitly state that the protection layer is not located int eh second non-emission area. However, Kim does teach that the bank pattern may be disposed directly on the protection layer or that the protection layer may be removed, and the bank pattern can be disposed directly on the substrate (Par. [0149]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention that the display device taught in Kim includes an embodiment in which the protective layer is not present in one or more of the non-emission areas so as to have the bank pattern directly disposed on the substrate, as Kim teaches the protective layer being removable from the underside of the bank layer that defines the non-emission area (Par. [0149]). One reason one of ordinary skill in the art would be driven to make this modification as the third emission area contains fewer scattering particles (fig. 14 – fig. 16) and would have less weight and stress created by that weight, meaning that that the protection layer can be removed from the second non-emission area without worsening the structural integrity of the bank layer and light emitting device in the third area while saving on the manufacturing costs by lowering material usage and simplifying the manufacturing process. Another reason is that the removal of the protective layer in the non-emission area would reduce the overall thickness of the device in the non-emission area allowing for a smaller usable device for smaller screens, devices, etc. Kim does not appear to teach away from this type of modification.
For claim 6, Kim teaches all of claim 5. Kim also teaches a light transmission pattern in the third emission area (fig. 14 numeral PSV) that comprises a same material as that of the protection layer (Par. [0207]; Par. [0138[).
Claim(s) 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in further view of US 5847792 A hereinafter Kobayashi.
For claim 8, Kim teaches all of claim 1. Kim is silent regarding the protective layer being a base resin and scatters dispersed in the base resin, and wherein the scatterer has a refractive index different from that of the base resin.
Kobayashi teaches a display device (Kobayashi, fig. 11A) with a light emitting element (fig. 11A numeral 4) covered by a protective layer (fig. 11A numeral 14 and 14a). The protective layer is made out of a base resin and has scattering particles within the resin that has a refractive index higher than the base resin (Col. 9 ln 39 – 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the protective layer, resin, and scatterers in Kobayashi with the light emitting element and banks in Kim in order to suppress increased temperatures and improve luminance and efficiency of the display panel (Kobayashi, Col. 9 ln 39 – 54).
For claim 12, Kim teaches all of claim 10. Kim is silent regarding the first, second, and third protection layers comprising a base resin and scatterer dispersed in the base resin, and wherein the scatterer has a refractive index different from that of the base resin.
Kobayashi teaches a display device (Kobayashi, fig. 11A) with a light emitting element (fig. 11A numeral 4) covered by a protective layer (fig. 11A numeral 14 and 14a). The protective layer is made out of a base resin and has scattering particles within the resin that has a refractive index higher than the base resin (Col. 9 ln 39 – 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the protective layer, resin, and scatterers in Kobayashi with the light emitting element and banks in Kim in order to suppress increased temperatures and improve luminance and efficiency of the display panel (Kobayashi, Col. 9 ln 39 – 54).
Response to Arguments
Applicant's arguments filed 10/17/2025 have been fully considered but they are not persuasive.
Applicant’s arguments towards claim 1 is that the protective layer in Kim does not include a first area in the emission area and located between the wavelength conversion layer and the light emitting layer. This is not persuasive as the argument ignores the structure of the protective layer in Kim and does not consider the broadest reasonable interpretation of the term “between”. Kim teaches the insulating layer (fig. 14, numeral INS1) as having multiple portions. The portions in the emitting area, that being the area where light can be emitted from, includes portions of the protective layer INS1 on the sidewalls of the banks BNK1 and BNK2 (see annotated figure provided below). The protective layer is shown at a vertical position that is higher than the light emitting element LD and is lower than the wavelength conversion layer WCL1 and WCL2. Given the broadest reasonable interpretation of “between”, that being at, into, or across the space separating two objects or regions, the protective layer is between the light emitting element and the wavelength conversion layer, as the protective layer is in a space that is separating two objects (in this case the light emitting element LD and the wavelength conversion layer WCL1/WCL2). Claim 1 does not require the protective layer to be directly above the light emitting element or directly below the wavelength conversion layer. For these reasons the applicant’s arguments are considered unpersuasive and the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.T.N./Examiner, Art Unit 2815
/MONICA D HARRISON/Primary Examiner, Art Unit 2815
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