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 Group I, Claim(s) 1-10 in the reply filed on 12/15/2025 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/21/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 4/21/2023. These drawings are considered acceptable by Examiner.
America Invents Act
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 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
1. Claim(s) 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al., (U.S. Pub. No. 2022/0393135 A1).
Regarding Claim 1, Choi et al., teaches a display device comprising: a plurality of light emitting elements (plurality of EMD, ¶ [0065]-¶ [0075], see at least Fig. 4); an encapsulation layer (CCL, “light control layer”) disposed on the light emitting elements (EMD) to cover the light emitting elements (EMD); a foreign substance (PT, “foreign substance”) disposed on at least one of the light emitting elements (EMD), wherein the foreign substance (PT) is disposed through at least a portion of the encapsulation layer (CCL), and a protruding part (tFL-P) is defined by a portion protruding from a top flat surface of the encapsulation layer (CCL) by the foreign substance (PT); a reinforcing filling layer (FML-S-S, “auxiliary filling layer,” ¶ [0145]) disposed on the encapsulation layer (CCL) to cover the protruding part (tFL-P); a filling layer (FML-M) disposed on the encapsulation layer (CCL) and the reinforcing filling layer (FML-S); and a color conversion layer (CF) disposed on the filling layer (FML-M).
Regarding Claim 2, Choi et al., teaches the display device of claim 1, wherein the encapsulation layer (CCL) includes: a first encapsulation layer (CAP, “inorganic,” ¶ [0117]) disposed on the light emitting elements (EMD), and including an inorganic insulating material; a second encapsulation layer (CCP [Wingdings font/0xE0] quantum dot) disposed on the first encapsulation layer (CCL), and including an organic insulating material (quantum dot); and a third encapsulation layer (CAP-T [Wingdings font/0xE0] inorganic) disposed on the second encapsulation layer (CCL), and including an inorganic insulating material.
Regarding Claim 3, Choi et al., teaches the display device of claim 2, wherein the foreign substance (PT) is disposed through at least a portion of the second encapsulation layer (CCL).
Regarding Claim 4, Choi et al., teaches the display device of claim 1, wherein the filling layer (FML-M) is in direct contact with the reinforcing filling layer (FML-S) and spaced apart from the encapsulation layer (FML-M spaced apart from top/outer most surface of CCL).
Regarding Claim 5, Choi et al., teaches the display device of claim 1, wherein the filling layer (FML-M) includes a same material as a material included in the reinforcing filling layer (FML-S).
Regarding Claim 6, Choi et al., teaches the display device of claim 1, wherein the protruding part (tFL-P) includes at least one selected from a portion of the foreign substance (PT) protruding from the top flat surface of the encapsulation layer (CCL) and a portion of the encapsulation layer (CCL) in which a profile of a top surface of the encapsulation layer (CCL) covering the foreign substance (PT) protrudes in a thickness direction of the encapsulation layer (CCL).
Regarding Claim 7, Choi et al., teaches the display device of claim 6, wherein the reinforcing filling layer (FML-S) covers the portion of the foreign substance (PT) protruding from the top flat surface of the encapsulation layer (CCL).
Regarding Claim 8, Choi et al., teaches the display device of claim 1, further comprising: a protective layer (LR) disposed between the filling layer (FML-M) and the color conversion layer (CF).
Regarding Claim 9, Choi et al., teaches the display device of claim 1, wherein the color conversion layer (CF) includes at least one selected from a color conversion particle and a scattering particle (¶ [0120]).
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 of this title, 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.
2. Claim(s) 10 are rejected under 35 U.S.C. 103 as being obvious over Choi et al.
Regarding Claim 10, Choi et al., teaches the invention set forth above (see rejection in the corresponding claim(s) above). Choi et al., is silent regarding a value obtained by dividing a luminance of a light in an overlapping region by an area of the overlapping region when viewed in a plan view is 95 % or greater and 105 % or less of a value obtained by dividing a luminance of a light in a non-overlapping region by an area of the non-overlapping region when viewed in the plan view.
However, Examiner reasonably contemplates that it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify a value obtained by dividing a luminance of a light in an overlapping region by an area of the overlapping region when viewed in a plan view is 95 % or greater and 105 % or less of a value obtained by dividing a luminance of a light in a non-overlapping region by an area of the non-overlapping region when viewed in the plan view, since optimization of workable ranges is considered within the skill of the art as it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 205 USPQ 215 (CCPA 1980).
It should be noted that the overlapping region is defined as a region in Choi et al., in which a light emitted from an overlapping-light emitting element overlapping the reinforcing filling layer (FML-S) when viewed in the plan view among the light emitting elements (EMD) is visually recognized, and the non-overlapping region is defined as a region in which a light emitted from a non-overlapping-light emitting element not overlapping the reinforcing filling layer (FML-S) when viewed in the plan view among the light emitting elements (EMD) is visually recognized.
Furthermore, one of ordinary skill in the art would entertain the idea of providing a value obtained by dividing a luminance of a light in an overlapping region by an area of the overlapping region when viewed in a plan view is 95 % or greater and 105 % or less of a value obtained by dividing a luminance of a light in a non-overlapping region by an area of the non-overlapping region when viewed in the plan view in order to improve overall light yield output that would otherwise be backscattered or lost.
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
K-PION Patent File Wrapper Search
U.S. Pub. No. 2020/0211451 teaches a foreign substance
U.S. Pub. No. 2019/0372052 teaches a foreign substance
U.S. Pub. No. 2014/0264300 teaches a foreign substance
KR 10-2019-0014962 A teaches a foreign substance.
Examiner's Note
The Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Hana Featherly whose telephone number is (571)-272-8654. The examiner can normally be reached on M-R 10 AM - 2 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached on 571-272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-272-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Hana Featherly/
USPTO Art Unit 2875
Patent Examiner Hana Featherly
/JAMES R GREECE/Supervisory Patent Examiner, Art Unit 2875