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, claims 1-24, in the reply filed on 29 September 2025 is acknowledged.
Claims 25-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 September 2025.
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.
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 1-3 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Kubota (US 11,394,014) in view of Jin (US 2023/0209902).
Regarding independent claim 1, Kubota teaches a display device comprising a base layer (Fig. 15B, Element 151); a circuit layer (Fig. 15B, Element 41) on the base layer; and an element layer on the circuit layer and comprising a plurality of light emitting elements (Fig. 15A, Element 190R, G, B) and a plurality of light receiving elements (Fig. 15A, Element 110), the element layer comprising a pixel definition layer (Fig. 15B, Element 216) having a light emitting opening defined therethrough to correspond to the light emitting elements and a light receiving opening defined therethrough to correspond to the light receiving elements; a disconnected spacer layer (Fig. 15B, Element 219a) adjacent to the light receiving opening on the pixel definition layer; and a common layer (Fig. 15B, Element 112) commonly in the light emitting elements and the light receiving elements
Kubota teaches the limitations of independent claim 1 discussed earlier but fails to exemplify the common layer partially disconnected around the light receiving elements due to the disconnected spacer layer.
Jin teaches a display device comprising a plurality of light emitting elements (Fig. 8, Element 150); a pixel definition layer (Fig. 9, Element 120) having a light emitting opening (Fig. 9, Element 121) corresponding to the light emitting elements; disconnected spacer layer (Fig. 9, Element 130) on the pixel definition layer; and a common layer (Fig. 9, Element 154) partially disconnected around the light emitting elements due to the disconnected spacer. Jin discloses the structure being provided for increasing light transmittance of the display region (¶ [0120]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the display device of Kubota with the spacer structure taught by Jin for increasing light transmittance.
Regarding claim 2, Kubota teaches the common layer comprising a common cathode electrode (Fig. 15B, Element 115) commonly connected to the light emitting elements and the light receiving elements but fails to exemplify the common cathode electrode partially disconnected due to the disconnected spacer layer around the light receiving elements.
Jin teaches the common layer comprising a common cathode electrode (Fig. 9, Element 153) commonly connected to the light emitting elements, wherein the common cathode electrode is partially disconnected due to the disconnected spacer layer around the light emitting elements. Same motivation applies as for independent claim 1 above.
Regarding claim 3, Kubota teaches the common layer comprising a hole control layer and an electron control layer (col. 40, ln. 62-66), which are between the pixel definition layer and the common cathode electrode (Fig. 15B).
Regarding claim 21, Jin teaches the element layer comprising a main spacer layer (130) on the pixel definition layer and spaced apart from the disconnected spacer layer (160).
Regarding claim 22, Jin teaches the disconnected spacer layer has a height greater than a height of the main spacer layer (Fig. 4).
Regarding claim 23, Jin teaches the common layer partially disconnected by the disconnected spacer layer without being disconnected by the main spacer layer (Fig. 9).
Regarding claim 24, Kubota teaches the disconnected spacer layer provided integrally with the pixel definition layer (Fig. 16A).
Allowable Subject Matter
Claims 4-20 are 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 4, the closest prior art of record (Kubota) teaches the limitations of independent claim 1 discussed earlier fails to exemplify a plurality of sub-sidewalls defining the light receiving opening; and a plurality of corner portions defined by two sub-sidewalls connected to each other and adjacent to each other among the sub-sidewalls, and the disconnected spacer layer comprises a plurality of disconnected spacers respectively adjacent to the sub-sidewalls.
Due to their dependencies upon claim 4, claims 5-13 are also allowable.
Regarding claim 14, the closest prior art of record (Kubota) teaches the limitations of independent claim 1 discussed earlier fails to exemplify the light emitting elements comprising red light emitting elements, green light emitting elements, and blue light emitting elements, each of the light receiving elements is between two green light emitting elements adjacent to each other in a first direction and between one red light emitting element and one blue light emitting element adjacent to one red light emitting element in a second direction perpendicular to the first direction.
Due to their dependencies upon claim 14, claims 15-20 are also allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Won (US 2022/0346248) teaches a bendable display apparatus with supporters between the display panel and the frame. Choi (US 2022/0223667) teaches a display device with spacers on the pixel definition layer.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Quarterman whose telephone number is (571)272-2461. The examiner can normally be reached Monday-Friday, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kevin Quarterman/Primary Examiner, Art Unit 2875 7 January 2026