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 § 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.
Claims 1 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 2021/0074779).
As to claim 1, Park discloses in figure 5, a display device comprising: a light emitting portion positioned in a display area and including a light emitting element OLED; a transparent portion TA positioned in the display area; and a switching portion LCS positioned on the light emitting portion and the transparent portion, the switching portion including a first transparent electrode 300, a liquid crystal layer 380 positioned on the first transparent electrode, and a second transparent electrode 355 positioned on the liquid crystal layer, wherein the light emitting element includes an anode electrode 270, a light emitting layer 290 positioned on the anode electrode, and a cathode electrode 295 positioned on the light emitting layer, wherein the anode electrode and the cathode electrode are not positioned on the transparent portion TA, and wherein the light emitting layer 290 is positioned on the transparent portion TA.
As to claim 7, Park discloses all of the elements of the claimed invention discussed above regarding claim 1. Park further discloses in figure 5, a driving transistor DR configure to drive the light emitting element, wherein the driving transistor is positioned not to overlap the transparent portion TA.
As to claim 8, Park discloses all of the elements of the claimed invention discussed above regarding claim 7. Park further discloses in figure 5, a light shield 210 positioned under the driving transistor DR, wherein the light shield is positioned not to overlap the transparent portion TA.
As to claim 9, Park discloses all of the elements of the claimed invention discussed above regarding claim 1. Park further discloses in figure 5, a first substrate 200 on which the light emitting element OLED is positioned, a second substrate 310 on which the liquid crystal layer 380 is positioned, and an adhesive layer 360 positioned between the first substrate and the second substrate.
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2021/0074779) in view of Huang et al. (US 2013/0242212).
As to claim 14, Park discloses all of the elements of the claimed invention discussed above regarding claim 1, but does not disclose: a first substrate on which the light emitting element is positioned; a second substrate on which the liquid crystal layer is positioned; and a third substrate positioned on the second transparent electrode. Huang discloses in figure 1: a first substrate 102 on which the light emitting element is positioned; a second substrate 202 on which the liquid crystal layer 206 is positioned; and a third substrate 204 positioned on the second transparent electrode 210. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park by substituting the structure disclosed by Hu because it was an art recognized equivalent structure.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2021/0074779) in view of Oh et al. (US 2016/0204169).
As to claim 2, Park discloses all of the elements of the claimed invention discussed above regarding claim 1, but does not disclose wherein the liquid crystal layer includes a cholesteric liquid crystal. Oh discloses in figure 2, a OLED display comprising a liquid crystal layer LL. Oh discloses in paragraph [0064] that the liquid crystal layer may include a cholesteric liquid crystal. Cholesteric liquid crystal is one of a finite number of identified, predictable solutions, with a reasonable expectation of success. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Park wherein the liquid crystal layer includes a cholesteric liquid crystal, as disclosed by Oh, because it was “obvious to try” based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143, Section I, Rationale E.
As to claim 3, Park in view of Oh discloses all of the elements of the claimed invention discussed above regarding claim 2. Furthermore, the cholesteric liquid crystal would be cholesterically oriented when no voltage is applied to the first transparent electrode and the second transparent electrode. Because the first transparent electrode and the second transparent electrode of Park would apply a vertically oriented electric field to the cholesteric liquid crystal when a voltage is applied to the first transparent electrode and the second transparent electrode, the cholesteric liquid crystal would be vertically oriented when a voltage is applied to the first transparent electrode and the second transparent electrode.
Allowable Subject Matter
Claims 4-5 and 10-13 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: none of the prior art taught or fairly suggested a display device comprising the combination required by claim 4, wherein the first transparent electrode and the second transparent electrode are positioned in the entire display area. Claim 10 is objected to by virtue of its dependency.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art taught or fairly suggested a display device comprising the combination required by claim 5, wherein the first transparent electrode is patterned to correspond to the light emitting portion and the transparent portion. Claims 11-13 are objected to by virtue of its dependency.
Conclusion
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/DAVID Y CHUNG/Examiner, Art Unit 2871