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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/30/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1, 12, and 19 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of the prior art applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments that in regards to prior art document US 20200091464 A1 (Park et al), filler 70 does not reflect light to the light control parts (Applicant’s Remarks pages 10-14) as currently claimed. This is a persuasive observation. However, after further consideration the Office has found that second low refractive index layer 393 of Park FIG. 4 may be formed of an organic material, and subsequently finds that under such an interpretation the claimed invention is taught or obviously suggested by the prior art of record.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-2, 5-6, 8-9, 11, 19 are rejected under 35 U.S.C. 103 as being unpatentable over US patent publication US 20200091464 A1 (Park et al hereinafter Park).
Regarding claim 1, Park discloses a display device (display device 1 of FIGS. 1-5 ¶ [0009-0013, 0030-0032]) comprising: a plurality of light emitting elements (FIG. 4, organic light emitting elements ED1, ED2, and ED3 ¶ [0053]) which provide source light (FIG. 4, ED1, ED2, and ED3 produce light L1, L2, and L3 ¶ [0053]); a plurality of light control parts (FIG. 4, wavelength conversion patterns 341 and 343 and light transmitting pattern 345 ¶ [0114]) which respectively correspond to the plurality of light emitting elements and have a refractive index (patterns 341, 343, and 345 each are disposed above light emitting elements ED1, ED2, and ED3 respectively, and are noted to have a refractive index 0.3 or more higher than that of low refractive index layer 391 ¶ [0114]), each of the plurality of light control parts receiving the source light, color converting the source light and outputting a light having a color (FIG. 4, lights La, Lb, L22, and L3 are output by the light control patterns 341, 343, and 345, which performed light-conversion functions ¶ [0130, 0147-0150, 0156]; much like what is described in present application ¶ [00141], the blue conversion pattern both receives and outputs blue light); and a plurality of insulating layers between the plurality of light emitting elements and the plurality of light control parts (FIG. 4, second low-refractive index layer 393, protective layer 370, and third capping layer 355 are insulating layers between emitters ED1/ED2/ED3 and patterns 341/343/345 ¶ [0157-0159]), the plurality of insulating layers including: an insulating layer which contacts the plurality of light control parts which color-convert the source light (FIG. 4, third capping layer 355 contacts patterns 341, 343, and 345 ¶ [0117, 0113]) and an encapsulation layer (FIG. 4, thin film encapsulation layer 170, filler 70, second low refractive index layer 393, and protective layer 370 function as an encapsulation layer that seals the elements ED1, ED2, and ED3 ¶ [0034, 0104, 0159]) which seals the plurality of light emitting elements, the encapsulation layer including a first inorganic film (FIG. 4, protective layer 370 is a first inorganic film ¶ [0158]).
Regarding the limitations “an organic insulating layer which is a closest organic layer to the plurality of light control parts among the plurality of insulating layers”, “the encapsulation layer including the organic insulating layer and a first inorganic film which contacts the organic insulating layer”, and “wherein the organic insulating layer reflects the lights having a color which are respectively output by the plurality of light control parts, to the plurality of light control parts”, filler 70 of Park is stated to be an organic layer (¶ [0038]).
However, filler 70 is not necessarily the closest organic layer to the plurality of light control parts, as a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form second low refractive index layer 393 with an organic material for the following reasons: while the material of layer 393 is not explicitly stated, it is formed in a similar manner to layer 391 (¶ [0159]), and having the same refractive index as layer 391 (each being stated to have refractive index in the range of 1.1-1.4 ¶ [0114, 0159]). Layer 391 may be an organic layer as it is formed of a base resin with particles included (¶ [0116]), and FIG. 4 illustrates layers 391 and 393 to be drawn with the same hatched lines filling them. Therefore, in order to provide a material for second low refractive index layer 393 which includes its stated properties, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form layer 393 out of the same base resin with particles as layer 391 is formed of, and therefore second low refractive index layer 393 would be an organic insulating layer which is a closest organic layer to the plurality of light control parts among the plurality of insulating layers (protective layer 370 and third capping layer 355 are inorganic ¶ [0157-0158]). Further, the encapsulation layer includes the organic insulating layer and a first inorganic film which contacts the organic insulating layer (FIG. 4, organic layer 393 is contacted by inorganic protective layer 370), wherein the organic insulating layer reflects the lights having a color which are respectively output by the plurality of light control parts, to the plurality of light control parts (second low refractive index layer 393 reflects and recycles light from light control parts ¶ [0160]).
Regrading claim 2, Park discloses the limitations of claim 1 as detailed above, and further discloses that the organic insulating layer has a refractive index lower than the refractive index of the plurality of light control parts (patterns 341 and 343 may have refractive indices that exceed that of layer 393 by at least 0.3 ¶ [0159]) and defines a low-refractive index organic film of the plurality of insulating layers (FIG. 4, second low refractive index layer 393 is a low-refractive index organic film ¶ [0159]), and the low-refractive index organic film has a refractive index of about 1.15 to about 1.35 (as second low refractive index layer 393 has refractive index in the range of 1.1-1.4, which includes the claimed range, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select a refractive index in the claimed range ¶ [0159]).
Regarding claim 5, Park discloses the limitations of claim 1 as detailed above, and further discloses a low-refractive index layer (FIG. 4, first low refractive index layer 391 faces encapsulation 170 with patterns 341, 343, and 345 between them ¶ [0114]) facing the encapsulation layer with the plurality of light control parts therebetween, the low-refractive index layer having a refractive index (first low refractive index layer 391 is suggested to have a refractive index of about 1.1-1.4 ¶ [0114]), and the refractive index of the low-refractive index layer lower than the refractive index of the light control parts (Park teaches that first low refractive index layer 391 should have a refractive index lower than those of patterns 341, 343, and 345 by at least 0.3 ¶ [0114]).
Regarding claim 6, Park discloses the limitations of claim 5 as detailed above, and further discloses that the low-refractive index layer is common to each of the plurality of light control parts (Park FIG. 4, first low refractive index layer 391 overlaps each of light control patterns 341, 343, and 345).
Regarding claim 8, Park discloses the limitations of claim 1 as detailed above, and further discloses that each of the plurality of light emitting elements includes a first electrode (Park FIG. 4, pixel electrodes AE1, AE2, and AE3 ¶ [0046]), an emissive part (FIG. 4, organic layers OL1, OL2, and OL3 ¶ [0050]) and a second electrode (FIG. 4, common electrode CE ¶ [0051]) in order, the emissive part includes a plurality of emissive layers (an embodiment comprising the emissive layers of FIGS. 5, 8, and 10 is taught by Park ¶ [0013, 0016, 0018]), and the plurality of emissive layers emit light having the same color (each of organic layers OL1, OL2, and OL3 emit blue light by means of first light emitting layer EL11, fourth light emitting layer EL21, and seventh light emitting layer EL31 respectively ¶ [0058, 0078, 0091]).
Regarding claim 9, Park disclosed the limitations of claim 1 as detailed above, and further discloses that each of the plurality of light emitting elements includes a first electrode (Park FIG. 4, pixel electrodes AE1, AE2, and AE3 ¶ [0046]), an emissive part (FIG. 4, organic layers OL1, OL2, and OL3 ¶ [0050]) and a second electrode (FIG. 4, common electrode CE ¶ [0051]) in order, the emissive part includes a plurality of emissive layers (an embodiment comprising the emissive layers of FIGS. 7, 8, and 12 is taught by Park ¶ [0015-0016, 0020]), and the plurality of emissive layers emit light having different colors (each of organic layer OL1b, OL2, and OL3b emit the different colors of blue and green by means of light emitting layers EL11 and EL13, ¶ [0058,0071], EL21 and EL22 ¶ [0078, 0080], and EL31 and EL33 ¶ [0091,0101] respectively).
Regarding claim 11, Park discloses the limitations of claim 1 as detailed above, and further discloses a plurality of color filters (Park FIG. 4, color filters 331, 333, and 335 overlapping light control patterns 341, 343, and 345 ¶ [0108]) corresponding to the plurality of light control parts, respectively.
Regarding claim 19, Park discloses a display device (display device 1 of FIGS. 1-5 ¶ [0009-0013, 0030-0032]) comprising: a plurality of light emitting elements (FIG. 4, organic light emitting elements ED1, ED2, and ED3 ¶ [0053]); an encapsulation layer (FIG. 4, thin film encapsulation layer 170, filler 70, second low refractive index layer 393, and protective layer 370 function as an encapsulation layer that seals the elements ED1, ED2, and ED3 ¶ [0034, 0104, 0159]) which seals the plurality of light emitting elements, the encapsulation layer including an organic film (FIG. 4, filler 70, part of the encapsulation film, is an organic film ¶ [0038, 0105]) having a refractive index; a plurality of barrier ribs (FIG. 4, light blocking members 320 are located above encapsulation 170, filler 70, and second low refractive index layer 393 ¶ [0107]) on the encapsulation layer, and a plurality of openings defined between the plurality of barrier ribs (FIG. 4, pixel light emitting regions PA1, PA2, and PA3 are openings in the barrier ribs ¶ [0032]), the plurality of openings corresponding to the plurality of light emitting elements (FIG. 4, openings in light blocking patterns 320 overlap light emitting elements ED1, ED2, and ED3), respectively; and
a plurality of light control parts (FIG. 4, wavelength conversion patterns 341 and 343 and light transmitting pattern 345 are located in the opening regions PA1, PA2, and PA3 ¶ [0114]) in the plurality of openings, respectively, at least one of the light control parts including a quantum dot (FIG. 4, first wavelength shifters 3413 may be quantum dots ¶ [0121-0122]) and having a refractive index (each of the light-control patterns 341, 343, and 345 have a refractive index ¶ [0114]).
Park also discloses an organic film in the encapsulation layer (FIG. 4 filler 70 ¶ [0038]) having a refractive index, but that layer is not taught to reflect light from the plurality of light control parts to the light control parts, and does not explicitly disclose that the organic film of the encapsulation layer reflects light from the plurality of light control parts, to the light control parts, and the refractive index of the organic film is 1.35 or less and is lower than the refractive index of the at least one of the light control parts. However, second low refractive index layer 393 would be obvious to use as the claimed organic film for the following reasons: while the material of layer 393 is not explicitly stated, it is formed in a similar manner to layer 391 (¶ [0159]), and having the same refractive index as layer 391 (each being stated to have refractive index in the range of 1.1-1.4 ¶ [0114, 0159]). Layer 391 may be an organic layer as it is formed of a base resin with particles included (¶ [0116]), and FIG. 4 illustrates layers 391 and 393 to be drawn up with the same hatched lines filling them. Therefore, in order to provide a material for second low refractive index layer 393 which includes its stated properties, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form it out of the same base resin with particles as layer 391 is formed of, and therefore second low refractive index layer 393 would be an organic film. Further, the organic film has a refractive index (layer 393 being the organic film has refractive index of 1.1-1.4 ¶ [0159]) and the organic film of the encapsulation layer reflects light from the plurality of light control parts, to the light control parts (second low refractive index layer 393 reflects and recycles light from light control parts ¶ [0160]), and the refractive index of the organic film is 1.35 or less (as second low refractive index layer 393 has refractive index in the range of 1.1-1.4, which includes the claimed range, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select a refractive index in the claimed range ¶ [0159]) and is lower than the refractive index of the at least one of the light control parts (patterns 341 and 343 each have refractive index that exceeds layer 393’s by at least 0.3 ¶ [0159]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 1 above, and further in view of US patent publication US 20200258946 A1 (Kim et al hereinafter Kim).
Park discloses the limitations of claim 1 as detailed above, and further discloses that the organic insulating layer has a refractive index lower than the refractive index of the plurality of light control parts (patterns 341 and 343 may have refractive indices that exceed that of layer 393 by at least 0.3 ¶ [0159]) and defines a low-refractive index organic film of the plurality of insulating layers (FIG. 4, second low refractive index layer 393 is a low-refractive index organic film ¶ [0159]). Park does not further disclose that the low-refractive index organic film has a thickness of about 1 micrometer to about 6 micrometers, that thickness not being a parameter of particular importance to the disclosure of their invention.
However, Kim discloses a display device (display device 1 of FIG. 4) comprising an organic low-refractive index film (FIG. 4, organic layer 420 of encapsulation 400 ¶ [0089]), wherein the organic low-refractive index film has a thickness range suggested at about 2 μm to about 10 μm (¶ [0104]).
Park and Kim both pertain to the field of display devices having encapsulation layers, placing them in the same field of endeavor as the claimed invention. Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Park in view of Kim to select a thickness for the first low-refractive index film in the disclosed range of Kim, in order to provide an organic encapsulation layer at a thickness which provides sufficient protective properties while not hindering the light-emitting function of the device. Furthermore, a person of ordinary skill in the art before the effective filing date of the claimed invention would also have found it obvious to select a thickness wherein the first low-refractive index film has a thickness of about 6 micrometers or less, because such thicknesses lie within the disclosed range of Kim (see MPEP 2144.05 I).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 1 above, and further in view of US patent publication US 20200365776 A1 (Sim et al hereinafter Sim).
Park discloses the limitations of claim 1 as detailed above and further discloses that the encapsulation layer further includes: a low-refractive index organic film (FIG. 4, second low refractive index layer 393 is a low-refractive index organic film in view of the analysis of claim 1, and is the closest organic layer to emitters ED1/2/3 among the identified plurality of insulating layers) which is a closest organic layer to the plurality of light emitting elements among the plurality of insulating lavers, and a second inorganic film (FIG. 4, inorganic third capping layer 355 is between layer 393 and patterns 341, 343, and 345 ¶ [0157]) between the low-refractive index organic film and each of the plurality of light control parts, respectively, the second inorganic film having a refractive index (third capping layer may be formed of a variety of materials, such as silicon nitride or silicon oxynitride, which have a refractive index ¶ [0157, 0113]), the organic insulating layer has a refractive index lower than the refractive index of the plurality of light control parts (patterns 341 and 343 may have refractive indices that exceed that of layer 393 by at least 0.3 ¶ [0159]) and defines the low-refractive index organic film of the encapsulation layer (second low refractive index layer 393 is understood to represent both the organic insulating layer and the low-refractive index organic film).
Park does not explicitly state that the refractive index of the low-refractive index organic film is lower than the refractive index of the second inorganic film. However, as the refractive index of the organic film is 1.1-1.4, and stated materials for the second inorganic film are silicon nitride and silicon oxynitride, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to use silicon nitride or silicon oxynitride, which are known to have a refractive index exceeding 1.4 (see Sim ¶ [0095]), as the material for the second inorganic film, in order to provide that film with one of the listed materials for the third capping layer to further encapsulate the device and adjust the light-emitting feature based on the refractive index of the material.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 1 above, and further in view of US patent publication US 20180130858 A1 (Kim et al hereinafter Kim 2).
Park discloses the limitations of claim 1 as detailed above, and further discloses light emission areas (FIG. 4, emission areas above color filters 331, 333, and 335 ¶ [0108-0111]) which emit light of different colors (FIG. 4, the emission areas above color filters 331, 333, and 335 emit red, green, and blue light respectively ¶ [0108-0111]), wherein the plurality of light emitting elements include first to third light emitting elements (FIG. 4, organic light emitting elements ED1, ED2, and ED3 are first to third light emitting elements that correspond to the light emission areas ¶ [0053]) corresponding to the light emission areas, each of the first to third light emitting elements includes a first electrode (Park FIG. 4, pixel electrodes AE1, AE2, and AE3 ¶ [0046]), an emissive part (FIG. 4, organic layers OL1, OL2, and OL3 ¶ [0050]) and a second electrode (FIG. 4, common electrode CE ¶ [0051]) in order,
and the organic insulating layer is a closest organic layer to the plurality of light emitting elements among the plurality of insulating layers (FIG. 4, second low refractive index layer 393 is a low-refractive index organic film in view of the analysis of claim 1, and is the closest organic layer to emitters ED1/2/3 among the identified plurality of insulating layers), and the organic insulating layer has a refractive index lower than the refractive index of the plurality of light control parts (patterns 341 and 343 may have refractive indices that exceed that of layer 393 by at least 0.3 ¶ [0159]) , and the organic insulating layer covers the first to third light emitting elements including the emissive parts (FIG. 4, layer 393 covers emitters ED1/2/3), and defines a flat upper surface furthest from the first to third light emitting elements (FIG. 4, layer 393 defines a flat upper surface in the non-emitting PB regions, furthest from the first to third light emitting elements ED1, ED2, and ED3).
Park does not further disclose that the emissive parts of the first to third light emitting elements have different thicknesses, and the low-refractive index organic film of the encapsulation layer covers the first to third light emitting elements including the emissive parts having the different thicknesses.
However, Kim 2 discloses a display device (the device of FIG. 7B) wherein emissive parts of first to third light emitting elements (FIG. 7B, first to third light emitting patterns EL1, EL2, and EL3 ¶ [0130]) have different thicknesses (FIG. 7B, thicknesses D-EL1, D-EL2, and D-EL3 differ from each other ¶ [0131-0132]), and a low-refractive index organic film (FIG. 7B, organic cover layer MN ¶ [0053]) of an encapsulation layer (FIG. 7B, layers UL, MN, and IL1-IL3 together form an encapsulation layer ¶ [0053-0056]) covers the first to third light emitting elements including the emissive parts having the different thicknesses (FIG. 7B, organic cover layer MN covers first to third light emitting patterns EL1, EL2, and EL3 having thicknesses D-EL1, D-EL2, and D-EL3). Kim 2 also discloses that the differing thicknesses of the light emitting layers enable a resonance phenomenon for light of a given sub-pixel’s respective color (¶ [0132]), said resonance phenomenon noted to improve the light efficiency of an organic light emitting diode (¶ [0125]).
Park and Kim 2 both pertain to the field of display devices having encapsulation layers, placing them in the same field of endeavor as the claimed invention. Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Park in view of Kim 2 to have the emissive parts of the first to third light emitting elements have different thicknesses, and the low-refractive index organic film of the encapsulation layer covers the first to third light emitting elements including the emissive parts having the different thicknesses, in order to enable a resonance phenomenon as taught by Kim 2 to improve the light efficiency of the organic light emitting diodes.
Claims 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Kim.
Regarding claim 12, Park discloses a display device (display device 1 of FIGS. 1-5 ¶ [0009-0013, 0030-0032]) comprising: a light emitting element (FIG. 4, organic light emitting element ED1 ¶ [0053]); a light control part (FIG. 4, wavelength conversion pattern 341 ¶ [0114]) which color-converts light and corresponds to the light emitting element (FIG. 4, wavelength conversion pattern 341 color-converts light and is disposed above light emitting element ED1 ¶ [0114, 0118]); a first inorganic film (FIG. 4, protective layer 370 and third capping layer 355 together form a multilayer inorganic film ¶ [0157-0158]) contacting the light control part which color-converts light (FIG. 4, the composite multilayer of protective layer 370 and third capping layer 355 contacts wavelength conversion pattern 341); a first film (FIG. 4, second low-refractive index layer 393 is between pattern 341 and element ED1, and contacts protective layer 370 ¶ [0038, 0105]) between the light emitting element and the light control part and contacting the first inorganic film; and a second film (FIG. 4, first low refractive index layer 391, which faces layer 393 with pattern 341 between them ¶ [0114]) facing the first film with the light control part therebetween, the refractive index of the second film lower than the refractive index of the light control part (layer 391 has lower refractive index than patters 341, 343, and 345 by at least 0.3 ¶ [0114]).
Park does not explicitly disclose that the first film has a thickness of about 6 micrometers or less, or that the refractive index of the organic film is lower than the refractive index of the light control part, wherein the first low-refractive index film includes an organic film, and the organic film of the first film reflects light which is color-converted by the light control part, to the light control part.
However, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form second low refractive index layer 393 with an organic material for the following reasons: while the material of layer 393 is not explicitly stated, it is formed in a similar manner to layer 391 (¶ [0159]), and having the same refractive index as layer 391 (each being stated to have refractive index in the range of 1.1-1.4 ¶ [0114, 0159]). Layer 391 may be an organic layer as it is formed of a base resin with particles included (¶ [0116]), and FIG. 4 illustrates layers 391 and 393 to be drawn up with the same hatched lines filling them. Therefore, in order to provide a material for second low refractive index layer 393 which includes its stated properties, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to form it out of the same base resin with particles as layer 391 is formed of, and therefore second low refractive index layer 393 would include an organic film, and the organic film of the first film reflects light which is color-converted by the light control part, to the light control part (second low refractive index layer 393 reflects and recycles light from light control parts ¶ [0160]). Park further teaches that low refractive index layer 393 may have a refractive index of about 1.1 to about 1.4, and that the light control patterns may have a refractive index 0.3 or more higher than that of low refractive index layer 391 (¶ [0159]), the refractive index of the organic film therefore being lower than the refractive index of the light control part.
Regarding the limitation that the first low-refractive index film has a thickness of about 6 micrometers or less, Park does not explicitly suggest a thickness for the first low-refractive index film, that thickness not being a parameter of particular importance to the disclosure of their invention.
However, Kim discloses a display device (display device 1 of FIG. 4) comprising an organic low-refractive index film (FIG. 4, organic layer 420 of encapsulation 400 ¶ [0089]), wherein the organic low- refractive index film has a thickness range suggested at about 2 μm to about 10 μm (¶ [0104]).
Park and Kim both pertain to the field of display devices having encapsulation layers, placing them in the same field of endeavor as the claimed invention. Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Park in view of Kim to select a thickness for the first low-refractive index film in the disclosed range of Kim, in order to provide an organic encapsulation layer at a thickness which provides sufficient protective properties while not hindering the light-emitting function of the device. Furthermore, a person of ordinary skill in the art before the effective filing date of the claimed invention would also have found it obvious to select a thickness wherein the first low-refractive index film has a thickness of about 6 micrometers or less, because such thicknesses lie within the disclosed range of Kim (see MPEP 2144.05 I).
Regarding claim 13, Park in view of Kim discloses the limitations of claim 12 as detailed above, and Park further discloses that each of the light control part, the organic film of the first film and the second film has a refractive index (each of patterns 341, 343, 345, and layers 391 and 393 have refractive indices), the refractive index of the organic film and the refractive index of the second film are lower than the refractive index of the light control part (first and second low refractive index layers 391 and 393 have refractive index lower than those of patterns 341 and 343 by at least 0.3 ¶ [0114, 0159]), and the refractive index of the first film is about 1.15 to about 1.35 (as second low refractive index layer 393 has refractive index in the range of 1.1-1.4, which includes the claimed range, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select a refractive index in the claimed range ¶ [0159]).
Regarding claim 14, Park in view of Kim discloses the limitations of claim 12 as detailed above, and Park further discloses a second inorganic film (FIG. 4, second inorganic encapsulating film 175 is between layer 393 and light emitting element ED1 ¶ [0105]) between the first film and the light emitting element and contacting the first film (FIG. 4, second inorganic encapsulating film 175 contacts layer 393 through filler 70).
Regarding claim 15, Park in view of Kim discloses the limitations of claim 12 as detailed above, and Park further discloses an encapsulation layer (FIG. 4, an encapsulation layer including layers 175, 70, and 393 seals emitting elements ED1/2/3) which seals the light-emitting element, and the organic film is a closest organic layer to the light emitting element among the first film and the second film (FIG. 4, organic film 393 is closer to emitting elements ED1/2/3 than layer 391), wherein the encapsulation layer includes the organic film of the first film.
Regarding claim 16, Park in view of Kim discloses the limitations of claim 12 as detailed above, and Park further discloses that in order from the light control part to the light emitting element, the first inorganic film, the first film and a second inorganic film (FIG. 4, in the claimed direction, layers 355 and 370 as the multilayer first inorganic film, layer 393 as the first film, and second inorganic encapsulating film 175 are arranged in order ¶ [0105]), wherein each of the first inorganic film and the second inorganic film contacts the first film (FIG. 4, layer 370 directly contacts layer 393, and layer 175 indirectly contacts layer 393 through filler 70).
Regarding claim 17, Park in view of Kim discloses the limitations of claim 12 as detailed above, and Park further discloses that the light control part is provided in plural including a plurality of light control parts (FIG. 4, in addition to the previously described wavelength conversion pattern 341, a second wavelength conversion pattern 343 and light transmitting pattern 345 are also present as light control parts disposed over second low refractive index layer 393 ¶ [0114]) along the first film, and the second film covers all of the plurality of light control parts (FIG. 4, first low refractive index layer 391 covers all of the light control patterns 341, 343, and 345 from above).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 19 above, and further in view of Kim 2.
Park discloses the limitations of claim 19 as detailed above, and Park further discloses light emission areas which emit light of different colors (FIG. 4, emission areas above color filters 331, 333, and 335 emit red, green, and blue light respectively ¶ [0108-0111]), wherein the plurality of light emitting elements include first to third light emitting elements (FIG. 4, light emitting elements ED1, ED2, and ED3 respectively overlap the emission areas above color filters 331, 333, and 335) corresponding to the light emission areas.
Park does not further disclose that the first to third light emitting elements provide a stepped upper surface, and the organic film covers the stepped upper surface and planarizes the stepped upper surface.
However, Kim 2 discloses a display device (the device of FIG. 7B) wherein first to third light emitting elements (FIG. 7B, first to third light emitting patterns EL1, EL2, and EL3 ¶ [0130]) provide a stepped upper surface (FIG. 7B, upper surfaces of light emitting patterns EL1, EL2, and EL3 gradually step down), and an organic film (FIG. 7B, organic cover layer MN ¶ [0053]) covers the stepped upper surface and planarizes the stepped upper surface (FIG. 7B, organic cover layer MN covers upper surfaces of each of light emitting patterns EL1, EL2, and EL3, and has a planarized upper surface where it borders upper layer UL ¶ [0055]). Kim 2 also discloses that the differing thicknesses of the light emitting layers enable a resonance phenomenon for light of a given sub-pixel’s respective color (¶ [0132]), said resonance phenomenon noted to improve the light efficiency of an organic light emitting diode (¶ [0125]).
Park and Kim 2 both pertain to the field of display devices having encapsulation layers, placing them in the same field of endeavor as the claimed invention. Therefore, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify the device of Park in view of Kim 2 to have the first to third light emitting elements provide a stepped upper surface, and the organic film covers the stepped upper surface and planarizes the stepped upper surface, in order to enable a resonance phenomenon as taught by Kim 2 to improve the light efficiency of the organic light emitting diodes.
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Gauthier can be reached at 571-270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.R.C./Examiner, Art Unit 2813
/STEVEN B GAUTHIER/Supervisory Patent Examiner, Art Unit 2813
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