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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/12/2026 has been entered.
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 1 is/are rejected under 35 U.S.C. 103 as being obvious over US 20210257349 A1 hereinafter Yang in further view of CN 212907741 U hereinafter Jang.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
For claim 1, Yang teaches a display device (Yang, fig. 3) comprising: a substrate (fig. 3 numeral 11) comprising a pixel area comprising an emission area and a non-emission area (Par. [0063 - 0065]); and a pixel in the pixel area comprising: a light-emitting element (fig. 3 numeral 30) comprising a first end and a second end that face each other (fig. 7 shows the light-emitting element 30 having two ends facing each other); a first electrode on, and electrically connected to, the first end of the light-emitting element (fig. 3 numeral 26); a second electrode on, and electrically connected to, the second end of the light-emitting element (fig. 3 numeral 27), and comprising a different conductive material than the first electrode (Par. [0097]; Par. [0126]); a first bank pattern and a second bank pattern above the substrate, and apart from each other (fig. 3 numeral 40); a first insulating layer above the first bank pattern and the second bank pattern, and configured to cover the first bank pattern and the second bank pattern (fig. 3 numeral 53); a first alignment electrode below the first insulating layer and over the first bank pattern in the emission area, and electrically connected with the first electrode at a region apart from the first bank pattern in a plan view (fig. 2 numeral 21; fig. 3 numeral 21 shows the alignment electrode apart from the bank pattern 40 connecting to the first electrode 26; Par. [0096]); and a second alignment electrode below the first insulating layer and over the second bank pattern in the emission area and electrically connected with the second electrode at a region apart from the second bank pattern in plan view (fig. 2 numeral 22; fig. 3 numeral 22 shows the alignment electrode apart from the bank pattern 40 connecting to the second electrode 27; Par. [0096]), wherein an end portion of the first electrode is directly disposed on one side of an upper surface of the light-emitting element (fig. 3 shows electrode 26 on an upper surface of the light-emitting element 30), and wherein an end portion of the second electrode is directly disposed on the other side of the upper surface of the light-emitting element (fig. 3 shows electrode 27 on an upper surface of the light-emitting element 30 that is opposite the side of the upper surface that the electrode 26 is on).
It would be obvious to one of ordinary skill in the art before the effective filing date of the immediate invention that the electrodes in Yang can comprise different materials as Yang does not limit the embodiments to one material for the electrodes and as it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Leshin, 125 USPQ 416 (CCPA 1960).
Yang is silent regarding the second electrode having a different thickness than the first electrode.
Jang teaches a display device (Jang, fig. 8A – 8C) that includes two electrodes connected to the light-emitting element (fig. 8A – 8C with second electrode 20ce and first electrode 40ce), and wherein the electrodes have different widths than each other including embodiments wherein the second electrode having a greater thickness than the first electrode (fig. 8C numeral 30CH; Par. [0127]).
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 difference in thickness of electrodes in Jang with the first and second electrodes in Yang in order to increase the contact area between the electrode and the light-emitting element and to provide a more stable structure (Jang, Par. [0127]).
Claims 2 – 10, 12 – 13, and 15 - 17 is/are rejected under 35 U.S.C. 103 as being obvious over US 20210257349 A1 hereinafter Yang in view of CN 212907741 U hereinafter Jang and in further view of US 20210384178 A1 hereinafter Lee.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
For claim 2, Yang and Jang teach all of claim 1. Yang also teaches electrodes can comprise indium zinc oxide (Jang, Par. [0097]). Yang and Jang are silent regarding the first electrode comprises crystalline indium tin oxide and the second electrode comprises indium zinc oxide.
Lee teaches the first electrode comprises crystalline indium tin oxide, and wherein the second electrode comprises indium zinc oxide (Lee, Par. [0024]; Par. [0202]; Par. [0189]).
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 materials in Lee with the electrodes in Yang and Jang in order to improve the amount of light transmitted and generated in the device (Lee, Par. [0202]).
For claim 3, Yang, Jang, and Lee teach all of claim 2. Jang also teaches the second electrode having a thickness greater than a thickness of the first electrode (Jang, fig. 8C numeral 30CH; Par. [0127]).
For claim 4, Yang, Jang, and Lee teach all of claim 3. Lee also teaches the first electrode comprising amorphous indium tin oxide before the second electrode is on the second end of the light-emitting element (Lee, Par. [0024] – [0026]). Examiner reminds applicant that the patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
For claim 5, Yang, Jang, and Lee teach all of claim 2. Yang also teaches the first electrode and second electrode area spaced from each other (Yang, fig. 3 numeral 26 and 27) and wherein the light-emitting element is between the first electrode and the second electrode (fig. 3 numeral 30). Lee also teaches the first electrode and the second electrode are spaced from each other, and wherein the light emitting element is between the first electrode and the second electrode (Lee, fig. 6 shows the electrodes spaced apart with the light emitting element between the electrodes).
For claim 6, Yang, Jang, and Lee teach all of claim 5. Yang also teaches the first electrode directly contacting the first end of the light-emitting element and the second electrode directly contacts the second end of the light-emitting element (Yang, fig. 3 numeral 26 and 27).
For claim 7, Yang, Jang, and Lee teach all of claim 6. Lee also teaches the first electrode and the second electrode directly fix the light emitting element (Lee, fig. 6 shows the electrodes in direct contact with the ends of light emitting element 300 defining the location of the light emitting element. Par. [0147] further describes fixing the light emitting element through the electrode layers and insulating layers.).
For claim 8, Yang and Jang teach all of claim 1. Yang also teaches electrodes can comprise indium zinc oxide (Jang, Par. [0097]). Yang and Jang are silent regarding the first electrode comprises crystalline indium tin oxide and the second electrode comprises indium zinc oxide.
Lee teaches the second electrode comprises crystalline indium tin oxide, and wherein the first electrode comprises indium zinc oxide (Lee, Par. [0024]; Par. [0202]; Par. [0189]).
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 materials in Lee with the electrodes in Yang and Jang in order to improve the amount of light transmitted and generated in the device (Lee, Par. [0202]).
For claim 9, Yang, Jang, and Lee teach all of claim 8. Jang also teaches the second electrode having a thickness greater than a thickness of the first electrode (Jang, fig. 8C numeral 30CH; Par. [0127]).
For claim 10, Yang, Jang, and Lee teach all of claim 2. Lee also teaches the pixel further including a first bank on the first insulating layer in the non-emission area, and defining a first opening corresponding to the emission area, and a second opening spaced from the first opening (Lee, fig. 4 numeral 800; two openings are showed containing light emitting elements 300 that area spaced from each other).
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 first bank and openings in Lee with the bank patterns in Yang and Jang in order to separate the pixels and prevent overflow during the manufacturing process (Lee, Par. [0142]). Both Yang and Lee use inkjet processes to form the pixels and Yang also teaches ink overflow as an issue to avoid (Lee, Par. [0142]; Yang, Par. [0090]).
For claim 12, Yang, Jang, and Lee teach all of claim 10. Lee also teaches the pixel further comprises an auxiliary insulating layer between the first electrode and the second electrode, and wherein the auxiliary insulating layer is on the first electrode, covers the first electrode, and overlaps a portion of the second electrode (Lee, fig. 4 numeral 540).
For claim 13, Yang, Jang, and Lee teach all of claim 12. Lee also teaches the auxiliary insulating layer fixes the light emitting element (Lee, fig. 6 shows insulating layer 540 on the light emitting element, including the ends of the light emitting element, and defining the position of the light emitting element 300).
For claim 15, Yang, Jang, and Lee teach all of claim 10. Yang also teaches at least one transistor above the substrate and electrically connected to the light-emitting element (Yang, Par. [0069]; fig. 3 numeral ST_ACT and DT_ACT). Lee also teaches the pixel further includes at least one transistor above the substrate, and electrically connected to the light emitting element (Lee, Par. [0081]; Par. [0151]; fig. 4 numeral 130).
For claim 16, Yang, Jang, and Lee teach all of claim 10. Lee also teaches the pixel comprises: a third alignment electrode (Lee, fig. 4 numeral 221) between the first alignment electrode (fig. 4 numeral 211) and the second alignment electrode (fig. 4 numeral 222), and spaced from the first and second alignment electrodes (fig. 4); a fourth alignment electrode adjacent to the second alignment electrode, and spaced apart from the first to the third alignment electrodes (fig. 4 numeral 212); a first intermediate electrode spaced from the first and second electrodes, and above the third alignment electrode (fig. 4 numeral 611); and a second intermediate electrode spaced apart from the first and the second electrodes, and above the fourth alignment electrode (fig. 4 numeral 612).
It would have bene obvious to one of ordinary skill in the art to combine the third and fourth alignment electrodes and the intermediate electrodes in Lee with the bank pattern and insulating layer in Yang and Jang in order to better control the electrical resistance in the device in the different areas of the device (Lee, Par. [201]; Par. [0254]).
For claim 17, Yang, Jang, and Lee teach all of claim 16. Lee also teaches the light emitting element comprises: a first light emitting element electrically connected to the first electrode and the first intermediate electrode; and a second light emitting element electrically connected to the second intermediate electrode and the second electrode (Lee, fig. 4 numeral 300), wherein the first end of the first light emitting element is electrically connected to the first electrode, and the second end of the first light emitting element is electrically connected to the first immediate electrode, and wherein the first end of the second light emitting element is electrically connected to the second intermediate electrode, and the second end of the second light emitting element is electrically connected to the second electrode (fig. 4 numeral 300 shows first and second light emitting elements with ends connected to the first electrode 612 and first intermediate electrode 611 and the second electrode 712 and second intermediate electrode 612).
Claims 14 is/are rejected under 35 U.S.C. 103 as being obvious over US 20210257349 A1 hereinafter Yang in view of CN 212907741 U hereinafter Jang and in view of US 20210384178 A1 hereinafter Lee in further view of US 20210399040 A1 hereinafter Chai.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
For claim 14, Yang, Jang, and Lee teach all of claim 10. Yang, Jang, and Lee are silent regarding the pixel comprising a color conversion layer above the first electrode and the second electrode in the emission area, and configured to convert a first color of light emitted from the light emitting element to a second color of light; a second bank above the first bank in the non-emission area, and configured to at least partially enclose the color conversion layer; and a color filter above the color conversion layer, and configured to allow the second color of light to selectively pass therethrough.
Chai teaches a display device (Chai, fig. 2) with first and second electrodes (fig. 2 numeral 370 and 360) on a substrate (fig. 2 numeral 110), a light emitting element between the electrode (fig. 2 numeral 350) and the electrodes in direct contact with the light emitting element (fig. 2) and an insulating layer on one of the electrode and at least partially covering the other electrode (fig. 2 numeral 550). Chai also teaches a first bank in a non-emission area (fig. 2 numeral 421), a second bank (fig. 19 numeral OC) that is configured to at least partially enclose a color conversion layer (fig. 19 numeral 500) configured to convert a first color of light emitted from the light emitting element to a second color of light (Par. [0204]), and a color filter above the color conversion layer, and configured to allow the second color of light to selectively pass therethrough (fig. 19; Par. [0198]).
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 color conversion and color filter layer in Chai with the light emitting elements and alignment electrodes of Yang, Jang, and Lee in order to increase the color purity of the transmitted light and to better control the color produced by the display device (Chai, Par. [0196]).
Allowable Subject Matter
Claim 11 is 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.
For claim 11, Yang, Jang, and Lee teach all of claim 10. Lee does teach first and second contact holes in the first insulating layer, but the contact hole is located on the bank pattern and not in a region apart from the bank pattern (Lee, fig. 4). Yang teaches the first and second electrode connecting to the alignment electrodes in a region apart from the bank pattern (Yang, fig. 3), but the first and second electrode are shown to be in direct contact with alignment electrodes and there is not insulating layer present between the electrodes that includes a contact hole in the region apart from the bank patterns. It would not be obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to incorporate the insulating layer between the electrodes in Lee in the region apart the bank regions and to include the contact holes in the insulating layer as shown in Lee over the direct contact structure taught in Yang outside the bank pattern regions.
Conclusion
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/J.T.N./Examiner, Art Unit 2815
/MONICA D HARRISON/Primary Examiner, Art Unit 2815
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