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 without traverse of Species VI (which read claims 1-12) in the reply filed on 06/09/25 is acknowledged. Claims 13-20 have been withdrawn from consideration and will not be examined on the merits.
Claim Rejections - 35 USC § 103
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) 1-6, 8-10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190165074 (Lee et al) in view of US 20190181199 (Choi et al).
Concerning claim 1, Lee discloses a light emitting display device (Fig. 4), comprising: a substrate (110) including an emission area (500) and a non-emission area (area surrounding the emission area); a thin film transistor (20) on the substrate; a first overcoating layer (165) on the thin film transistor; an organic light emitting diode (210) on the first overcoating layer and connected to the thin film transistor (Fig. 4); an encapsulation unit (250) on the organic light emitting diode; and a touch unit (333) on the encapsulation unit, wherein the touch unit includes an open area (602) defined by a plurality of touch electrodes, wherein the organic light emitting diode includes a first electrode (211), an emission layer (212) and a second electrode (213) ([0051]), and wherein a bank layer (111) is disposed . . . (Lee Fig. 6 and [0087]).
Lee does not disclose wherein a portion of the first electrode and a portion of a side mirror-shaped dummy first electrode separated from the first electrode are disposed in the open area defined by the plurality of touch electrodes, or wherein a bank layer is disposed on the side mirror-shaped dummy first electrode. However, Choi discloses an organic light emitting diode configuration (Fig. 9) in which with a first electrode (121), connected to a TFT via a connection electrode (117a), a light emitting layer (122) and a second electrode (123) are formed over a pixel definition layer (120) ([0098]) such that a portion of a first electrode (121a) and a portion of a side mirror-shaped dummy first electrode (121b) separated from the first electrode are disposed in the open area defined by a light blocking pattern (similar to the touch region disclosed by Lee). Choi discloses that this configuration has the advantage of significantly improving process yield, since there is no need to perform a patterning process for allocating the first electrodes individually to the pixels. Moreover, the application example of the present invention allows the first electrode overlying the separating layer (120) to reflect the light emitted from the light emitting layer toward the upper substrate (101b). Therefore, light efficiency can be significantly improved. ([0103]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify first electrode/pixel definition layer configuration of Lee (211/190) in view of Choi (121/120) so that a portion of the first electrode and a portion of a side mirror-shaped dummy first electrode separated from the first electrode are disposed in the open area defined by the plurality of touch electrodes in order to significantly improve light efficiency.
Additionally, Lee discloses that a bank layer (111) is formed after the formation of the pixel electrode (211) and pixel defining layer (190) and is disposed on the pixel defining layer (Fig. 4). Therefore the modified first electrode/pixel defining layer of Lee in view Choi has a bank layer that is disposed on the pixel defining/pixel electrode/side mirror-shaped dummy first electrode to accomplish this configuration.
Continuing to claim 2, Lee in view of Choi discloses further comprising: a connection electrode (Choi 117b) electrically connected with a drain electrode of the thin film transistor, and disposed under the first electrode of the organic light emitting diode (Choi [0093]).
Considering claim 3, Lee in view of Choi discloses further comprising: a second overcoating layer (Choi 120) on the first overcoating layer, and covering an end portion of the connection electrode (Choi [0097]).
Referring to claim 4, Lee in view of Choi discloses further comprising: a sacrificial layer (Choi 119) disposed between the second overcoating layer and the connection electrode, and directly covering the end portion of the connection electrode (Choi Fig. 9).
Regarding claim 5, Lee in view of Choi discloses wherein the sacrificial layer includes an opening, and the first electrode is disposed in the opening of the sacrificial layer (Choi Fig. 9).
Pertaining to claim 6, Lee in view of Choi discloses wherein the side mirror- shaped dummy first electrode is disposed on a side surface and a portion of a top surface of the second overcoating layer (Choi Fig. 9).
Concerning claim 8, Lee in view of Choi discloses wherein a portion of the bank layer is disposed between the first electrode and the side mirror-shaped dummy first electrode (Lee Fig. 6 and [0087]).
Continuing to claim 9, Lee in view of Choi discloses wherein the bank layer contacts with the second overcoating layer in the open area defined by the plurality of touch electrodes (Lee Fig. 4 and Choi Fig. 9).
As to claim 10, Lee in view of Choi discloses wherein the touch unit includes: a first insulating layer (350) on the encapsulation unit, a second inorganic insulating layer (402) on the first insulating layer ([0079] and Fig. 4), a touch line (311) on the first insulating layer, and at least one of the plurality of touch electrodes (322) on the second inorganic insulating layer or the touch line (Fig. 4).
Considering claim 12, Lee in view of Choi discloses wherein the first electrode is disposed in the emission area, and the side-mirror shaped dummy first electrode is disposed in the non-emission area of the open area (Lee Fig. 4 and Choi Fig. 9).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190165074 (Lee et al) in view of US 20190181199 (Choi et al) as applied to claim 1 above, and further in view of US 20190115411 (Park et al).
Referring to claim 11, Lee in view of Choi discloses forming the plurality of touch electrodes (Lee Fig. 4).
Lee in view of Choi does is silent as to the configuration of the touch electrodes and therefore does not disclose wherein the plurality of touch electrodes are formed in a mesh structure. However, Park discloses a display device configuration in which several suitable touch electrode configurations are disclosed including a mesh structure ([0101]). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). See MPEP 2144.04 IV B. Therefore absent evidence that the claimed configuration of the touch electrodes is significant it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form the touch electrodes of Lee in view of Choi in a mesh configuration because of its known suitability in display device manufacturing.
Response to Arguments
Applicant's arguments filed 12/11/25 have been fully considered but they are not persuasive. Applicant argues that bank layer is formed on the pixel defining layer and not on the side mirrored- dummy first electrode. The examiner disagrees. Choi discloses an organic light emitting diode configuration (Fig. 9) in which with a first electrode (121), connected to a TFT via a connection electrode (117a), a light emitting layer (122) and a second electrode (123) are formed over a pixel definition layer (120) ([0098]) such that a portion of a first electrode (121a) and a portion of a side mirror-shaped dummy first electrode (121b) separated from the first electrode are disposed in the open area defined by a light blocking pattern (similar to the touch region disclosed by Lee). Additionally, Lee discloses that a bank layer (111) is formed after the formation of the pixel electrode (211) and pixel defining layer (190) and is disposed on the pixel defining layer (Fig. 4). Therefore the modified first electrode/pixel defining layer of Lee in view Choi has a bank layer that is disposed on the pixel defining/pixel electrode/side mirror-shaped dummy first electrode to accomplish this configuration. The examiner believes that the modified configuration of Lee in view of Choi as described meets the limitation of the bank layer being on the side-mirrored dummy first electrode and the rejection stands.
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 VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHAD DICKE can be reached at (571) 270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VALERIE N NEWTON/Examiner, Art Unit 2897 03/17/26
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897