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 .
Response
The amended title overcomes the previous rejection.
With regard to the prior art, the applicant has merely quoted a large portion of claim 13 and has stated that the prior art does not read on it, but has not specifically explained the differences between the claimed subject matter and prior art as required by 37 CFR 1.111. This does not give the examiner a basis to consider the arguments.
See the rejections below.
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 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 13, 14, 21, 22, 24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Lin, US 2023/0263014 A1, in view of Toyoda, US 2010/0007272 A1.
Claim 13: Lin discloses:
a substrate (102);
a first lower electrode, a second lower electrode and a third lower electrode (104) provided above the substrate;
Note: there are many subpixels 108 in the device (FIGS. 1A, 1C, 1D). Each electrode corresponds to one of the subpixels.
a rib (126) comprising a first aperture overlapping the first lower electrode, a second aperture overlapping the second lower electrode and a third aperture overlapping the third lower electrode (opening over subpixel 108, FIG. 1A for three different subpixels), the rib being formed of a first inorganic insulating material;
“The PDL structures 126 include one of … an inorganic material…. The inorganic material of the PDL structures 126 includes, but is not limited to, silicon oxide (SiO2), silicon nitride (Si3N4), silicon oxynitride (Si2N2O), magnesium fluoride (MgF2), or combinations thereof.” [0033].
a partition (110) comprising a lower portion (110A) provided on the rib and an upper portion (110B) provided on the lower portion and protruding from a side surface of the lower portion (FIG. 1A);
a first organic layer (112) provided on the first lower electrode in the first aperture and including a first light emitting layer;
a first etching stopper layer (114) which is provided on the rib and the first organic layer and is in contact with the partition;
See claim 18; the upper electrode can be the etching stopper layer.
a first sealing layer (116) which is formed of a second inorganic insulating material, is provided on the first etching stopper layer and is in contact with the partition;
“The encapsulation layer 116 includes the non-conductive inorganic material, such as the silicon-containing material. The silicon-containing material may include Si3N4 containing materials.” [0041].
a second organic layer (112) provided on the second lower electrode in the second aperture and including a second light emitting layer;
a second etching stopper layer (114) which is provided on the rib and the second organic layer and is in contact with the partition;
a second sealing layer (116) which is formed of the second inorganic insulating material ([0041]), is provided on the second etching stopper layer and is in contact with the partition;
a third organic layer (112) provided on the third lower electrode in the third aperture and including a third light emitting layer;
a third etching stopper layer (114) which is provided on the rib and the third organic layer and is in contact with the partition;
and a third sealing layer (116) which is formed of the second inorganic insulating material ([0041]), is provided on the third etching stopper layer and is in contact with the partition.
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a dry-etching rate of the first etching stopper layer is smaller than a dry-etching rate of the second inorganic insulating material, a dry-etching rate of the second etching stopper layer is smaller than the dry-etching rate of the second inorganic insulating material, and a dry-etching rate of the third etching stopper layer is smaller than the dry-etching rate of the second inorganic insulating material. (Note that all the etching stopper layers are made of the same material, 114.)
Lin discloses that “The cathode 114 includes a conductive material, such as a metal. E.g., the cathode 114 includes, but is not limited to, silver, magnesium, chromium, titanium, aluminum, ITO, or a combination thereof.” [0040]. There are various dry etching techniques that have higher etching rates for silicon nitride than for e.g. ITO; see Fudeta [0065]: “The selection ratio between SiO2 and SiN, and ITO was at least 5 in the dry etching with CHF3, and hence the ITO film functioned as an excellent etching stopper layer.” As this is a device claim rather than a method claim, and the dry etch is not a recited element of the claim, the existence of any dry etch with the claim preferential etching rate will read on the claim.
Note the term “etching stopper layer” is a product-by-process term that is only limiting on the claim scope as to the resulting structure. MPEP 2113. That is, anything that could serve as an etching stopper layer would qualify. The present application notes that the upper electrode can be used as an etching stopper layer (claim 18).
Lin does not disclose that a thickness of each of the first etching stopper layer and the second etching stopper layer is greater than a thickness of the third etching stopper layer. However, see Toyoda, which discloses that it is advantage of having a thinner blue upper electrode: “the respective film thicknesses of the respective upper electrodes 17 for the green pixel 17G and the red pixel 17R, in which transmittance is not so much deteriorated even when the film thickness of the upper electrode 15 gets larger, are formed thicker and that the film thickness of the upper electrode 15 for the blue pixel 17B, in which transmittance is much affected by the film thickness, is not formed thick. This can avoid the shading while suppressing the deterioration in brightness.” [0064].
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It would have been obvious to have had a thinner blue (third) electrode in Lin to avoid the shading while suppressing the deterioration in brightness.
Claim 14: Toyoda discloses that “as illustrated in FIG. 4, the transmittance of the upper electrode 15 is greater in the short wavelength region. Therefore, from the view point of properties, it is the most rational to make the upper electrode 15 for the red pixel 17R thicker than the upper electrode 15 for the green pixel 17G.” [0076]. Thus it would have been advantageous to have the thickness of the first (red) etching stopper layer be greater than the thickness of the second (green) etching stopper layer.
Claim 21: Lin discloses
a first upper electrode (114 in the first subpixel) between the first organic layer (112) and the first sealing layer (116);
a second upper electrode (114 in the second subpixel) between the second organic layer (112) and the second sealing layer (116);
and a third upper electrode (114 in the third subpixel) between the third organic layer (112) and the third sealing layer (116),
wherein the first upper electrode is the first etching stopper layer, the second upper electrode is the second etching stopper layer, and the third upper electrode is the third etching stopper layer ([0038]).
Claim 22 Lin discloses
a first upper electrode (114) between the first organic layer (112) and the first sealing layer (116);
a second upper electrode (114) between the second organic layer (112) and the second sealing layer (116);
a third upper electrode (114) between the third organic layer (112) and the third sealing layer (116);
a first transparent layer (first capping layer, [0042]) provided between the first upper electrode and the first sealing layer;
a first inorganic layer (second capping layer, [0042]) provided between the first transparent layer and the first sealing layer;
“The second capping layer may include an inorganic material, such as lithium fluoride.” [0042]
a second transparent layer (first capping layer in the second subpixel) provided between the second upper electrode and the second sealing layer;
a second inorganic layer (second capping layer in the second subpixel) provided between the second transparent layer and the second sealing layer;
a third transparent layer (first capping layer in the third subpixel) provided between the third upper electrode and the third sealing layer;
and a third inorganic layer (second capping layer in the third subpixel) provided between the third transparent layer and the third sealing layer.
a Lin does not explicitly state that the first capping layer is transparent. However, Lin discloses at [0003] that there are both top and bottom emission devices. It would have been obvious to make either of these are known and desirable in different cases; in making a top emission device, all the top layers, including the first capping layer, would need to be transparent.
Claim 22 also recites that a dry-etching rate of the first inorganic layer is smaller than the dry-etching rate of the second inorganic insulating material, a dry-etching rate of the second inorganic layer is smaller than the dry-etching rate of the second inorganic insulating material, and a dry-etching rate of the third inorganic layer is smaller than the dry-etching rate of the second inorganic insulating material. The inorganic layers are lithium fluoride and the second inorganic insulating material is silicon nitride (see claim 13). For common fluoride-based dry etchants, the etch rate of lithium fluoride is zero or minimal, and fluoride does not react with the lithium fluoride, while it etches silicon nitride quickly. As this is a device claim rather than a method claim, and the dry etch is not a recited element of the claim, the existence of any dry etch with the claim preferential etching rate will read on the claim.
Claim 24: Lin discloses
a first upper electrode (114 in the first subpixel) between the first organic layer and the first sealing layer (116);
a first transparent layer (first capping layer in first subpixel, [0042]) provided between the first upper electrode and the first sealing layer;
a first inorganic layer (second capping layer, [0042]) provided between the first transparent layer and the first sealing layer, a second upper electrode (114 in the second subpixel) between the second organic layer and the second sealing layer;
a second transparent layer (first capping layer in the second subpixel) provided between the second upper electrode and the second sealing layer;
a second inorganic layer (second capping layer) provided between the second transparent layer and the second sealing layer;
a third upper electrode (114 in the third subpixel) between the third organic layer and the third sealing layer;
a third transparent layer (first capping layer in the third subpixel) provided between the third upper electrode and the third sealing layer;
and a third inorganic layer (second capping layer) provided between the third transparent layer and the third sealing layer.
The inorganic layers are formed of lithium fluoride ([0042]). With the very common fluoride-based etchants such as CF4, there is minimal or no etching of lithium fluoride. Thus they are capable of serving as etching stopper layers. As this is a device claim rather than a method claim, and the etch is not a recited element of the claim, the existence of any layer that can serve as an etching stopper layer for any etching process will read on the claim.
Claim 26: Lin discloses
a first upper electrode (114 in the first subpixel) between the first organic layer and the first sealing layer;
a second upper electrode (114 in the second subpixel) between the second organic layer and the second sealing layer;
and a third upper electrode (114 in the third subpixel) between the third organic layer and the third sealing layer,
wherein the first sealing layer (116) is in direct contact with the first upper electrode (114) between the lower portion of the partition and the first organic layer, the second sealing layer is in direct contact with the second upper electrode between the lower portion of the partition and the second organic layer, and the third sealing layer is in direct contact with the third upper electrode between the lower portion of the partition and the third organic layer (FIG. 1A).
Claims 23 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Toyoda and Izumi, US 2012/0276484 A1. Lin discloses that the inorganic layers (capping layers) are inorganic ([0042]) does not disclose specifically that the inorganic layers are silicon oxide. However, this was a known material. See Izumi, [0034], sealing cap layer made of silicon oxide. It would have been obvious to have used this as a known material, and also because silicon oxide is a very common inorganic layer in such devices.
With respect to claim 25, the layer above (116) is silicon nitride ([0066]). There exists an etch that will etch silicon nitride but not silicon oxide, e.g., phosphoric acid (H3PO4). Thus the silicon oxide can serve as an etching stopper layer. As this is a device claim rather than a method claim, and the etch is not a recited element of the claim, the existence of any layer that can serve as an etching stopper layer for any etching process will read on the claim.
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 PETER BRADFORD whose telephone number is (571)270-1596. The examiner can normally be reached 10:30-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached at 469.295.9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER BRADFORD/Primary Examiner, Art Unit 2897
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