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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 recites “in the pixel unit, at least part of the three sub-pixels includes: a first edge and a second edge that are disposed in parallel a first side waist and a second side waist that are respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge, wherein the first connecting edge connects the first side waist and a first end of the second edge, the second connecting edge connects the second side waist and a second end of the second edge, and the second edge is the longest edge of the at least one of the three sub- pixels.” However claim 1, from which claim 6 depends also recites the same scope. As such, claim 6 does not further limit claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 23 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 23, claim 23 recites “a closed outline”. However, neither of the Applicant’s drawings nor the Applicant’s written specification teaches a closed outline formed from the sides stated in the claim. Instead, the sides stated in the claim form part of the outline of the pixel unit which is not a closed outline as the sides do not all connect (there are spaced between certain sides along the perimeter of the pixel unit). As such, the scope of claim 23 is new matter. Appropriate correction should be taken to remove the new matter from the claim.
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.
Claim 23 is 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.
Regarding claim 23, claim 23 recites “a closed outline”. However, the edges recited in the claim do not form a closed outline but simply are part of respective parts of the perimeter of the pixel unit. As there are spaces in between some of the edges recited in the claim it is unclear how the edges together form a closed outline of the pixel unit. Appropriate action should be taken to clarify the language.
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.
Claims 1-3, 6-8, 12, 16, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Joe (US 2020/0328259) hereinafter “Joe” in view of Bai et al. (US 2024/0179991) hereinafter “Bai” and in further view of Huangfu et al. (US 2023/0320160) hereinafter “Huangfu”.
Regarding claim 1, Figs. 2, 28a and 28b of Joe teach a display panel (Paragraph 0001), comprising: a plurality of scanning lines (Items GL) and a plurality of data lines (Items DL), wherein the plurality of scanning lines (Items GL) are extended along a first direction (Left to right across the page) and arranged along a second direction (Up and down across the page), the plurality of data lines (Items DL) are extended along the second direction (Up and down across the page) and arranged along the first direction (Left to right across the page), and the first direction intersects the second direction; and a plurality of pixel units (Fig. 28b) arranged in an array along the first direction (Left to right across the page) and the second direction (Up and down across the page), wherein: a pixel unit (Fig. 28a) of the plurality of pixel units includes three sub-pixels, the three sub- pixels include a first-color sub-pixel (Left subpixel in Fig. 28a), a second-color sub-pixel (Top subpixel in Fig. 28a) and a third-color sub- pixel (Right subpixel in Fig. 28a), respectively, and the first color, the second color and the third color are different from each other (Paragraph 0070 where the colors are red, green, and blue respectively), a pixel opening area of the third-color sub-pixel (Right subpixel in Fig 28a) is larger than a pixel opening area of the first-color sub-pixel (Left subpixel in Fig. 28a), and is larger than a pixel opening area of the second-color sub-pixel (Top subpixel in Fig. 28a), along the first direction (Left to right across the page), the third-color sub-pixel (Right subpixel in Fig. 28a) overlaps with the first-color sub- pixel (Left subpixel in Fig. 28a) and does not overlap with the second-color sub-pixel (Top subpixel in Fig. 28a), and along the second direction (Up and down across the page), the third-color sub-pixel (Right subpixel in Fig. 28a) overlaps with the second-color sub-pixel (Top subpixel in Fig. 28a) and does not overlap with the first-color sub-pixel (Left subpixel in Fig. 28a), each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel has a polygon shape (Where each subpixel has a triangular shape) with a longest edge (Hypotenuse), an extension direction of the longest edge of the first-color sub-pixel (Left subpixel in Fig. 28a) is along the second direction (Up and down across the page), an extension direction of the longest edge of the second-color sub- pixel (Top subpixel in Fig. 28a) is along the first direction (Left to right across the page), and an extension direction of the longest edge of the third-color sub-pixel (Right subpixel in Fig. 28a) intersects the first direction (Left to right across the page) and the second direction (Up and down across the page), and the longest edge of the first-color sub-pixel (Left subpixel in Fig 28a) is located on a side of other edges of the first-color sub-pixel facing away from a geometric center of a region where the pixel unit is located, the longest edge of the second-color sub-pixel (Top subpixel in Fig. 28a) is located on a side of other edges of the second-color sub-pixel facing away from the geometric center of the region where the pixel unit is located, and the longest edge of the third-color sub-pixel (Right subpixel in Fig. 28a) is located on a side of other edges of the third-color sub-pixel facing towards the geometric center of the region where the pixel unit is located.
Joe doesn’t teach where each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel has a hexagonal shape and has a longest edge, wherein each of the first- color sub-pixel, the second-color sub-pixel and the third-color sub-pixel includes a first edge and a second edge disposed in parallel, a first side waist and a second side waist respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge connecting the respective side waists to the second edge, wherein the second edge is the longest edge.
Fig. 2 of Huangfu teaches where a first subpixel, a second subpixel and a third subpixel each have a hexagonal shape.
Fig. 3 of Bai teaches where a first (Item 122) and a second (Item 123) subpixel have a hexagonal shape, where the hexagonal shape has a longest edge, wherein each of the first- color sub-pixel, the second-color sub-pixel and the third-color sub-pixel includes a first edge and a second edge disposed in parallel, a first side waist and a second side waist respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge connecting the respective side waists to the second edge, wherein the second edge is the longest edge.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel has a hexagonal shape and has a longest edge, wherein each of the first- color sub-pixel, the second-color sub-pixel and the third-color sub-pixel includes a first edge and a second edge disposed in parallel, a first side waist and a second side waist respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge connecting the respective side waists to the second edge, wherein the second edge is the longest edge because during manufacturing of a display, when a fine metal mask (FMM) is used to fabricate the subpixels, the extending direction of the above-mentioned parallel edges can be the stretching direction of the fine metal mask (FMM), which is beneficial to the transmission of the fine metal mask (FMM) tension, thereby improving the product yield (Bai Paragraph 0094).
Regarding claim 2, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above.
Joe does not teach where in the pixel unit, each of the first color subpixel, the second color subpixel and the third color subpixel has a convex hexagonal shape.
Fig. 2 of Huangfu teaches where a first subpixel, a second subpixel and a third subpixel each have convex hexagonal shape.
Fig. 3 of Bai teaches where a first (Item 122) and a second (Item 123) subpixel have a convex hexagonal shape.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel have a convex hexagonal shape because during manufacturing of a display, when a fine metal mask (FMM) is used to fabricate the subpixels, the extending direction of the above-mentioned parallel edges can be the stretching direction of the fine metal mask (FMM), which is beneficial to the transmission of the fine metal mask (FMM) tension, thereby improving the product yield (Bai Paragraph 0094).
Regarding claim 3, Fig. 28a of Joe further teaches where, the pixel unit, the first color subpixel (Left subpixel in Fig. 28a) the second color subpixel (Top subpixel in Fig. 28a) and the third color subpixel (Right subpixel in Fig. 28a) has a same shape (Where all three of the subpixels are triangles).
Regarding claim 6, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above.
Joe does not teach in the pixel unit, at least part of the three sub-pixels includes: a first edge and a second edge that are disposed in parallel, a first side waist and a second side waist that are respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge, wherein the first connecting edge connects the first side waist and a first end of the second edge, the second connecting edge connects the second side waist and a second end of the second edge, and the second edge is the longest edge of the at least one of the three sub- pixels.
Bai further teaches the hexagonal shape includes a first edge and a second edge that are disposed in parallel, a first side waist and a second side waist that are respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge, wherein the first connecting edge connects the first side waist and a first end of the second edge, the second connecting edge connects the second side waist and a second end of the second edge, and the second edge is the longest edge of the at least one of the three sub- pixels.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to havein the pixel unit, at least part of the three sub-pixels includes: a first edge and a second edge that are disposed in parallel, a first side waist and a second side waist that are respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge, wherein the first connecting edge connects the first side waist and a first end of the second edge, the second connecting edge connects the second side waist and a second end of the second edge, and the second edge is the longest edge of the at least one of the three sub- pixels because during manufacturing of a display, when a fine metal mask (FMM) is used to fabricate the subpixels, the extending direction of the above-mentioned parallel edges can be the stretching direction of the fine metal mask (FMM), which is beneficial to the transmission of the fine metal mask (FMM) tension, thereby improving the product yield (Bai Paragraph 0094).
Regarding claim 7, Fig. 28b of Joe further teaches where the three subpixels in adjacent two pixel units along the first direction (Left to right across the page) are arranged in a mirror image.
Regarding claim 8, Fig. 28b of Joe further teaches where the three subpixels in adjacent two pixel units along the first direction (Left to right across the page) are arranged in a mirror image.
Regarding claim 12, Fig. 28b of Joe further teaches the three subpixels in adjacent two pixel units along the first direction (Left to right across the page) are arranged in a mirror image; and the three subpixels in adjacent two pixel units along the second direction (Up and down across the page) are arranged in a mirror image, wherein third color subpixels in the pixel units that are arranged in a mirror image are adjacent to each other.
Regarding claim 16, Joe further teaches where subpixels with a same color and located in a same column along the second direction (Up and down across the page) are connected to a same data line of the plurality of data lines.
Regarding claim 17, Joe further teaches the first color subpixel (Left subpixel in Fig. 28a) is a green subpixel, the second color subpixel (Top subpixel in Fig. 28a) is a red subpixel, and the third color subpixel (Right subpixel in Fig. 28a) is a blue subpixel (Paragraph 0068).
Regarding claim 19, Fig. 28b of Joe further teaches in the pixel unit, at least one edge of the first color subpixel (Left subpixel in Fig. 28a) is parallel to one edge of the second color subpixel (Top subpixel in Fig. 28a), and at least one edge of the first color subpixel is parallel to one edge of the third color subpixel (Right subpixel in Fig. 28a); and in the pixel unit, in adjacent subpixels with two colors, two edges that are parallel to each other are adjacent.
Regarding claim 20, Figs. 2, 28a and 28b of Joe teach a display device, comprising: a display panel (Paragraph 0001), the display panel including: a plurality of scanning lines (Items GL) and a plurality of data lines (Items DL), wherein the plurality of scanning lines (Items GL) are extended along a first direction (Left to right across the page) and arranged along a second direction (Up and down across the page), the plurality of data lines (Items DL) are extended along the second direction (Up and down across the page) and arranged along the first direction (Left to right across the page), and the first direction intersects the second direction; and a plurality of pixel units (Fig. 28b) arranged in an array along the first direction (Left to right across the page) and the second direction (Up and down across the page), wherein: a pixel unit (Fig. 28a) of the plurality of pixel units includes three sub-pixels, the three sub- pixels include a first-color sub-pixel (Left subpixel in Fig. 28a), a second-color sub-pixel (Top subpixel in Fig. 28a) and a third-color sub- pixel (Right subpixel in Fig. 28a), respectively, and the first color, the second color and the third color are different from each other (Paragraph 0070 where the colors are red, green, and blue respectively), a pixel opening area of the third-color sub-pixel (Right subpixel in Fig 28a) is larger than a pixel opening area of the first-color sub-pixel (Left subpixel in Fig. 28a), and is larger than a pixel opening area of the second-color sub-pixel (Top subpixel in Fig. 28a), along the first direction (Left to right across the page), the third-color sub-pixel (Right subpixel in Fig. 28a) overlaps with the first-color sub- pixel (Left subpixel in Fig. 28a) and does not overlap with the second-color sub-pixel (Top subpixel in Fig. 28a), and along the second direction (Up and down across the page), the third-color sub-pixel (Right subpixel in Fig. 28a) overlaps with the second-color sub-pixel (Top subpixel in Fig. 28a) and does not overlap with the first-color sub-pixel (Left subpixel in Fig. 28a), each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel has a polygon shape (Where each subpixel has a triangular shape) with a longest edge (Hypotenuse), an extension direction of the longest edge of the first-color sub-pixel (Left subpixel in Fig. 28a) is along the second direction (Up and down across the page), an extension direction of the longest edge of the second-color sub- pixel (Top subpixel in Fig. 28a) is along the first direction (Left to right across the page), and an extension direction of the longest edge of the third-color sub-pixel (Right subpixel in Fig. 28a) intersects the first direction (Left to right across the page) and the second direction (Up and down across the page), and the longest edge of the first-color sub-pixel (Left subpixel in Fig 28a) is located on a side of other edges of the first-color sub-pixel facing away from a geometric center of a region where the pixel unit is located, the longest edge of the second-color sub-pixel (Top subpixel in Fig. 28a) is located on a side of other edges of the second-color sub-pixel facing away from the geometric center of the region where the pixel unit is located, and the longest edge of the third-color sub-pixel (Right subpixel in Fig. 28a) is located on a side of other edges of the third-color sub-pixel facing towards the geometric center of the region where the pixel unit is located.
Joe doesn’t teach where each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel has a hexagonal shape and has a longest edge, wherein each of the first- color sub-pixel, the second-color sub-pixel and the third-color sub-pixel includes a first edge and a second edge disposed in parallel, a first side waist and a second side waist respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge connecting the respective side waists to the second edge, wherein the second edge is the longest edge.
Fig. 2 of Huangfu teaches where a first subpixel, a second subpixel and a third subpixel each have a hexagonal shape.
Fig. 3 of Bai teaches where a first (Item 122) and a second (Item 123) subpixel have a hexagonal shape, where the hexagonal shape has a longest edge, wherein each of the first- color sub-pixel, the second-color sub-pixel and the third-color sub-pixel includes a first edge and a second edge disposed in parallel, a first side waist and a second side waist respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge connecting the respective side waists to the second edge, wherein the second edge is the longest edge.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have each of the first-color sub-pixel, the second-color sub-pixel and the third-color sub- pixel has a hexagonal shape and has a longest edge, wherein each of the first- color sub-pixel, the second-color sub-pixel and the third-color sub-pixel includes a first edge and a second edge disposed in parallel, a first side waist and a second side waist respectively connected with two ends of the first edge, and a first connecting edge and a second connecting edge connecting the respective side waists to the second edge, wherein the second edge is the longest edge because during manufacturing of a display, when a fine metal mask (FMM) is used to fabricate the subpixels, the extending direction of the above-mentioned parallel edges can be the stretching direction of the fine metal mask (FMM), which is beneficial to the transmission of the fine metal mask (FMM) tension, thereby improving the product yield (Bai Paragraph 0094).
Claim 10, 11, 13, 14, 18 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Joe (US 2020/0328259) hereinafter “Joe” in view of Bai et al. (US 2024/0179991) hereinafter “Bai” and Huangfu et al. (US 2023/0320160) hereinafter “Huangfu” and in further view of Sun et al. (US 2021/0233969) hereinafter “Sun”.
Regarding claim 10,the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above except where in two pixel units that are arranged in the mirror image, light emitting layers of the adjacent third color subpixels are continuous.
Fig. 6 of Sun teaches where, in two pixel units that are arranged in the mirror image, light emitting layers (Item 112) of the adjacent third color subpixels (Items SP3) are continuous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have, in two pixel units that are arranged in the mirror image, light emitting layers of the adjacent third color subpixels are continuous because this allows a single opening in a mask to be used to form the two adjacent third subpixels (Sun Paragraph 0146).
Regarding claim 11, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above except where in the two pixel units that are arranged in the mirror image, the adjacent third color subpixels are electrically connected to different pixel driving circuits, respectively.
Fig. 6 of Sun teaches where in the two pixel units that are arranged in the mirror image, the adjacent third color subpixels (Items SP3) are electrically connected to different pixel driving circuits (Items Td), respectively.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have, in the two pixel units that are arranged in the mirror image, the adjacent third color subpixels are electrically connected to different pixel driving circuits, respectively because this allows two subpixels sharing a common light emitting layer to be driven separately (Sun Paragraph 0135).
Regarding claim 13, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above.
Fig. 28b of Joe further teaches where in a portion of adjacent pixel units along the first direction, two first color subpixels are adjacent to each other.
Joe does not teach light emitting layers of the adjacent two first color subpixels are continuous.
Fig. 6 of Sun teaches where, in two pixel units that are arranged in the mirror image, light emitting layers (Item 112) of adjacent color subpixels (Items SP3) are continuous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have light emitting layers of the adjacent two first color subpixels be continuous because this allows a single opening in a mask to be used to form the two adjacent first subpixels (Sun Paragraph 0146).
Regarding claim 14, the combination of Joe, Bai and Haungfu teaches all of the elements of the claimed invention as stated above.
Fig. 28b of Joe further teaches where in a portion of adjacent pixel units along the second direction, two second color subpixels are adjacent to each other.
Joe does not teach light emitting layers of the adjacent two second color subpixels are continuous.
Fig. 6 of Sun teaches where, in two pixel units that are arranged in the mirror image, light emitting layers (Item 112) of adjacent color subpixels (Items SP3) are continuous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have light emitting layers of the adjacent two second color subpixels be continuous because this allows a single opening in a mask to be used to form the two adjacent second subpixels (Sun Paragraph 0146).
Regarding claim 18, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above.
Joe further teaches where: in the pixel unit, a minimum distance between the first-color sub-pixel (Left subpixel in Fig. 28a) and the second- color sub-pixel (Top subpixel in Fig. 28a) is marked as "a", a minimum distance between the third-color sub-pixel (Right subpixel in Fig. 28a) and the second-color sub-pixel (Top subpixel in Fig. 28a) is marked as "b", and a minimum distance between the first-color sub-pixel (Left subpixel in Fig. 28a) and the third-color sub-pixel (Right subpixel in Fig. 28a) is marked as "c", wherein a=b.
Joe does not teach where (a and b ) ≥ c.
However, Sun teaches where the distance between light emitting zones is a result effective variable (Paragraph 0098 where a distance is chosen to provide a specific pixel arrangement that produces a desired display effect). In In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977), the CCPA held that a particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation, because "obvious to try" is not a valid rationale for an obviousness finding (MPEP 2144.05).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the minimum distance between subpixels such that a and b are greater than c because "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05).
Regarding claim 23, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above except where in the two pixel units that are arranged in the mirror image, light-emitting layers of the adjacent third-color sub-pixels are continuous and are formed using a single mask opening, and the adjacent third-color sub-pixels are electrically connected to different and independent pixel driving circuits, respectively.
Fig. 6 of Sun teaches where, in the two pixel units that are arranged in the mirror image, light-emitting layers (Item 112) of the adjacent third-color sub-pixels (Item SP3) are continuous and are formed using a single mask opening (Paragraph 0146), and the adjacent third-color sub-pixels are electrically connected to different and independent pixel driving circuits, respectively.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have in the two pixel units that are arranged in the mirror image, light-emitting layers of the adjacent third-color sub-pixels are continuous and are formed using a single mask opening, and the adjacent third-color sub-pixels are electrically connected to different and independent pixel driving circuits, respectively because this allows a single opening in a mask to be used to form the two adjacent first subpixels (Sun Paragraph 0146).
The Examiner also notes that “are formed using a single mask opening” is directed to the process by which the display panel is made rather than the structure which is what claim 23 is directed to. Therefore, this limitation is a product by process limitation. However, although the specific method steps recited in the claim are not required to anticipate the apparatus claim, Sun teaches the limitation.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Joe (US 2020/0328259) hereinafter “Joe” in view of Bai et al. (US 2024/0179991) hereinafter “Bai”, Huangfu et al. (US 2023/0320160) hereinafter “Huangfu” and Sun et al. (US 2021/0233969) hereinafter “Sun” and in further view of Kim et al. (US 2023/0217693) hereinafter “Kim”.
Regarding claim 21, the combination of Joe, Bai and Huangfu teaches all of the elements of the claimed invention as stated above except where a light-emitting layer of the second-color sub-pixel has a thickness greater than a thickness of a light-emitting layer of the first-color sub-pixel and a thickness of a light-emitting layer of the third-color sub-pixel.
Kim teaches where a thickness of a first light emitting layer is greater than a light emitting layer of a second and third subpixel (Paragraph 0190).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a light-emitting layer of the second-color sub-pixel has a thickness greater than a thickness of a light-emitting layer of the first-color sub-pixel and a thickness of a light-emitting layer of the third-color sub-pixel because the luminances, lifetimes and efficiencies of the light emitting elements is known to be adjusted by controlling the thicknesses of the emissive layers (Kim paragraph 0189).
Joe does not teach the larger minimum distances "a" and "b" between the second-color sub-pixel and each of the first- color sub-pixel and the third-color sub-pixel provide an increased process margin for forming the light-emitting layer of the second-color sub-pixel. However, the claim language does not recite any additional structure but instead recites the result of structure recited in claim 18 which has already been rejected (See the rejection of claim 18 above).
Allowable Subject Matter
Claim 22 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 22, the prior art of records does not teach, suggest or motivate one having ordinary skill in the art to have the third-color sub-pixel includes a hollow region formed therein, wherein the hollow region overlaps with at least one data line of the plurality of data lines along a thickness direction of the display panel, such that an overlapping area between the at least one data line and an anode of the third-color sub-pixel is reduced.
Response to Arguments
Applicant’s arguments, see Applicant’s REMARKS, filed 05/22/2026, with respect to the rejection(s) of claim(s) 1 and 20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bai and Huangfu.
Applicant's arguments filed 05/22/2026, with regard to claim 21, have been fully considered but they are not persuasive.
Specifically, the Sun reference does not teach the same structural ratioinale, recited in claim 21, for the structure recited in claim 18. The Examine avers that the prior art does not need to have the same motivation but merely a motivation for why the structure recited in the claims would be obvious. The motivation provided from Sun was and includes to be included in the rejection of claim 18. As such, the Examiner does not find the Applicant’s arguments persuasive and maintains the reliance on the Sun reference to render the structure in claim 18 obvious.
Applicant's arguments filed 05/22/2026, with regard to claim 23, have been fully considered but they are not persuasive.
Specifically, the Applicant argues that Sun individually discloses the different limitations in claim 23 but does not teach them in one embodiment. The Examiner avers that as long as Sun provides motivation to incorporate those elements of the structure of Sun then the teaching is rendered obvious. It is not required that all of the teachings in a reference are in one embodiment to be considered obvious. As such, the Examiner does not find the Applicant’s argument persuasive.
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 ERIC K ASHBAHIAN whose telephone number is (571)270-5187. The examiner can normally be reached 8-5:30 PM.
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/ERIC K ASHBAHIAN/Primary Examiner, Art Unit 2891
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