DETAILED ACTION
Response to Arguments
Applicant’s arguments filed 12/02/2025, in regard to claim 1 have been fully considered but are not persuasive. Applicant asserts that Kang (US 20200212121 A1) fails to teach “the first light-emitting layer is in contact with a first side surface of the gap and wherein the second light-emitting layer is in contact with a second side surface of the gap”. The Examiner respectfully disagrees. When the gap is considered to be the opening area OA the light emitting layer is clearly shown to be in contact with the side surface of the opening area OA2 in Fig. 4.
Applicant’s arguments filed 12/02/2025, in regard to the specification objection have been fully considered and are persuasive. The specification objection has been withdrawn.
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.
Claim 1, 6, 8-12 and 19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kang (US 2020/0212121 A1).
In regard to claim 1, Kang teaches a display device (a display device 100) comprising a first light-emitting element (a first light-emitting element is shown in annotated Fig. 4 below labeled as EL1) (Fig. 1, Fig. 4 and paragraphs 45 and 48); a second light- emitting element (a second light-emitting element is shown in annotated Fig. 4 below labeled as EL2) (Fig. 4 and paragraph 48); and a gap (opening areas OA1, OA2, OA3, and OA4) (Fig. 4 and paragraph 84),
wherein the first light-emitting element comprises a first lower electrode (a first electrode 311) (Fig. 4 and paragraph 56), a first light- emitting layer (a first light-emitting layer 321) over the first lower electrode (Fig. 4 and paragraph 56), and a first upper electrode (a second electrode 331) over the first light- emitting layer (Fig. 4 and paragraph 56),
wherein the second light-emitting element comprises a second lower electrode (a first electrodes 312) (Fig. 4 and paragraph 56), a second light-emitting layer (a first light-emitting layer 322) over the second lower electrode (Fig. 4 and paragraph 56), and a second upper electrode (a second electrode 332) over the second light-emitting layer (Fig. 4 and paragraph 56),
wherein the first light-emitting element is adjacent to the second light-emitting element (the first and second light-emitting element EL1 and EL2 are shown adjacent to each other in annotated Fig. 4),
wherein the gap is provided between the first upper electrode and first light-emitting layer and the second upper electrode and second light-emitting layer (opening area OA2 is shown between the first electrode 311 and first electrode 312 as well as EL1 and EL2 in annotated Fig. 4),
wherein the first light-emitting layer is in contact with a first side surface of the gap (the first light-emitting layer 321 is shown contacting a left side surface of the opening area OA2 in Fig. 4), wherein the second light-emitting layer is in contact with a second side surface of the gap (the first light-emitting layer 322 is shown contacting a right side surface of the opening area OA2 in Fig. 4),
wherein the first upper electrode comprises a region projecting from a side surface of the first light-emitting layer (in the second opening area OA2 the first electrode 311 is shown projecting from a side of the first light-emitting layer 321 as shown in Fig. 4) (Fig. 4 and paragraph 84), and
wherein the second upper electrode comprises a region projecting from a side surface of the second light-emitting layer (in the third opening area OA3 the first electrode 312 is shown projecting from a side of the first light-emitting layer 322 as shown in Fig. 4).
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In regard to claim 6, Kang teaches wherein a refractive index of the first light-emitting layer and a refractive index of the second light-emitting layer are higher than a refractive index of the gap (the first light-emitting layers 321 and 322 would have a higher refractive index than the portion of the opening area containing the gaseous portion the air gap AG due to the first light-emitting layers 321 and 322 being a solid and the gaseous being a gas) (paragraphs 149 and 170).
In regard to claim 8, Kang teaches wherein a protective layer (second light-emitting layer 340) is provided over the first upper electrode and the second upper electrode (the second light-emitting layer 340 is provided on the second electrodes 331 and 332) (Fig. 7 and paragraph 145), and wherein the protective layer comprises a region in contact with a top surface of the gap (the second light-emitting layer 340 is shown contacting the top surface of the air gap AG located in OA2 in Fig. 7).
In regard to claim 9, Kang teaches wherein a microlens array (a lens array 13 can be a microlens array) is provided over the protective layer (as shown in Fig. 18B the microlens array 13 would be above the light-emitting device) (Fig. 18B and paragraph 282).
In regard to claim 10, Kang teaches wherein the display device comprises a first transistor (the thin-film transistor 230 connected to EL1 as shown in annotated Fig. 4 above) and a second transistor (the thin-film transistor 230 connected to EL1 as shown in annotated Fig. 4 above) (annotated Fig. 4 and paragraph 61), wherein one of a source and a drain of the first transistor is electrically connected to the first lower electrode (the first electrodes 311 is connected to the source electrodes or the drain electrodes of the thin-film transistors 230) (Fig. 4 and paragraph 97), wherein one of a source and a drain of the second transistor is electrically connected to the second lower electrode (the first electrodes 312 is connected to the source electrodes or the drain electrodes of the thin-film transistors 230) (Fig. 4 and paragraph 97), and wherein the first transistor and the second transistor each comprise silicon in a channel formation region (the active layer is formed of a silicon-based semiconductor material) (paragraph 62).
In regard to claim 11, Kang teaches wherein the display device comprises a first transistor (the thin-film transistor 230 connected to EL1 as shown in annotated Fig. 4 above) and a second transistor (the thin-film transistor 230 connected to EL1 as shown in annotated Fig. 4 above) (annotated Fig. 4 and paragraph 61), wherein one of a source and a drain of the first transistor is electrically connected to the first lower electrode (the first electrodes 311 is connected to the source electrodes or the drain electrodes of the thin-film transistors 230) (Fig. 4 and paragraph 97), wherein one of a source and a drain of the second transistor is electrically connected to the second lower electrode (the first electrodes 312 is connected to the source electrodes or the drain electrodes of the thin-film transistors 230) (Fig. 4 and paragraph 97), and wherein the first transistor and the second transistor each comprise silicon in a channel formation region (the active layer is formed of an oxide-based semiconductor material) (paragraph 62).
In regard to claim 12, Kang teaches an electronic device (a head-mounted display (HMD)) comprising the display device according to claim 1 and a lens (the HMD requires a lens arrays 13) (Fig. 18A, Fig. 18B and paragraph 278).
In regard to claim 19, Kang teaches wherein the first upper electrode overlaps with the gap, and wherein the second upper electrode overlaps with the gap (the second electrodes 331 and 332 are shown overlapping the opening area OA2 in Fig. 4).
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 2-5, 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kang as applied to claim 1 above.
In regard to claim 2, Kang doesn’t explicitly teach a region where a distance between a side surface of the first upper electrode and a side surface of the second upper electrode is shorter than or equal to 1 µm.
However, it would have been an obvious matter of design choice to a distance between a side surface of the first upper electrode and a side surface of the second upper electrode is shorter than or equal to 1 µm, since applicant has not disclosed that a distance between a side surface of the first upper electrode and a side surface of the second upper electrode solves any stated problem or is for any particular purpose. Further Kang teaches the distance is selected based on the desired device design and resistance between the second electrodes 331 and 332 (paragraphs 172-173).
In regard to claim 3, Kang doesn’t explicitly teach a region where a distance between the side surface of the first upper electrode and the side surface of the second upper electrode is shorter than or equal to 100 nm.
However, it would have been an obvious matter of design choice to a distance between a side surface of the first upper electrode and a side surface of the second upper electrode is shorter than or equal to 100 nm, since applicant has not disclosed that a distance between a side surface of the first upper electrode and a side surface of the second upper electrode solves any stated problem or is for any particular purpose. Further Kang teaches the distance is selected based on the desired device design and resistance between the second electrodes 331 and 332 (paragraphs 172-173).
In regard to claim 4, Kang doesn’t explicitly teach wherein the gap comprises a gas containing any one or more selected from nitrogen, oxygen, carbon dioxide, and a Group 18 element.
However, it is well known that the gases such as nitrogen, oxygen or carbon dioxide and a group 18 element used in layer deposition would result in said gases being trapped the air gap. Further as there is no mention of the device being manufactured in a vacuum any gap or opening will contain at least nitrogen and oxygen due to being exposed to the air. Therefore the Examiner takes official notice it would be obvious to one skilled in the art to have the air gap AG comprise a gas containing any one or more selected from nitrogen, oxygen, carbon dioxide, and a Group 18 element.
In regard to claim 5, Kang doesn’t explicitly teach wherein the Group 18 element is one or more selected from helium, neon, argon, xenon, and krypton.
However, it is well known amongst those skilled in the art that noble gases Group 18 elements selected from helium, neon, argon, xenon, and krypton are used in layer deposition due to being generally inert. Therefore the Examiner takes official notice it would have been obvious to one skilled in the art the Group 18 element would consist of one or more selected from helium, neon, argon, xenon, and krypton.
In regard to claim 17, Kang teaches a display device (a display device 100) comprising a first light-emitting element (a first light-emitting element is shown in annotated Fig. 4 below labeled as EL1) (Fig. 1, annotated Fig. 4 and paragraphs 45 and 48); a second light- emitting element (a second light-emitting element is shown in annotated Fig. 4 below labeled as EL2) (Fig. 4 and paragraph 48); and a gap (opening areas OA1, OA2, OA3, and OA4) (Fig. 4 and paragraph 84),
wherein the first light-emitting element comprises a first lower electrode (a first electrode 311) (Fig. 4 and paragraph 56), a first light- emitting layer (a first light-emitting layer 321) over the first lower electrode (Fig. 4 and paragraph 56), and a first upper electrode (a second electrode 331) over the first light- emitting layer (Fig. 4 and paragraph 56),
wherein the second light-emitting element comprises a second lower electrode (a first electrodes 312) (Fig. 4 and paragraph 56), a second light-emitting layer (a first light-emitting layer 322) over the second lower electrode (Fig. 4 and paragraph 56), and a second upper electrode (a second electrode 332) over the second light-emitting layer (Fig. 4 and paragraph 56),
wherein the first light-emitting element is adjacent to the second light-emitting element (the first and second light-emitting element EL1 and EL2 are shown adjacent to each other in annotated Fig. 4),
wherein the gap is between the first upper electrode and first light-emitting layer and the second upper electrode and second light-emitting layer (opening area OA2 is shown between the first electrode 311 and first electrode 312 as well as EL1 and EL2 in annotated Fig. 4),
wherein the first light-emitting layer is in contact with a first side surface of the gap (the first light-emitting layer 321 is shown contacting a left side surface of the opening area OA2 in Fig. 4), wherein the second light-emitting layer is in contact with a second side surface of the gap (the first light-emitting layer 322 is shown contacting a right side surface of the opening area OA2 in Fig. 4),
wherein the first upper electrode comprises a region projecting from a side surface of the first light-emitting layer (in the second opening area OA2 the first electrode 311 is shown projecting from a side of the first light-emitting layer 321 as shown in Fig. 4) (Fig. 4 and paragraph 84),
wherein the second upper electrode comprises a region projecting from a side surface of the second light-emitting layer (in the third opening area OA3 the first electrode 312 is shown projecting from a side of the first light-emitting layer 322 as shown in Fig. 4)
wherein a protective layer (a second light-emitting layer 340) is over the first upper electrode and the second upper electrode,
wherein the protective layer comprises a region in contact with a top surface of the gap (the second light-emitting layer 340 is provided on the second electrodes 331 and 332) (Fig. 7 and paragraph 145), and
wherein a microlens array (a lens array 13 can be a microlens array) is over the protective layer (as shown in Fig. 18B the microlens array 13 would be above the light-emitting device) (Fig. 18B and paragraph 282).
Kang doesn’t explicitly teach wherein a distance between the side surface of the first upper electrode and the side surface of the second upper electrode is shorter than or equal to 100 nm.
However, it would have been an obvious matter of design choice to a distance between a side surface of the first upper electrode and a side surface of the second upper electrode is shorter than or equal to 100 nm, since applicant has not disclosed that a distance between a side surface of the first upper electrode and a side surface of the second upper electrode solves any stated problem or is for any particular purpose. Further Kang teaches the distance is selected based on the desired device design and resistance between the second electrodes 331 and 332 (paragraphs 172-173).
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In regard to claim 18, Kang teaches wherein the display device comprises a first transistor (the thin-film transistor 230 connected to EL1 as shown in annotated Fig. 4 above) and a second transistor (the thin-film transistor 230 connected to EL1 as shown in annotated Fig. 4 above) (annotated Fig. 4 and paragraph 61), wherein one of a source and a drain of the first transistor is electrically connected to the first lower electrode (the first electrodes 311 is connected to the source electrodes or the drain electrodes of the thin-film transistors 230) (Fig. 4 and paragraph 97), wherein one of a source and a drain of the second transistor is electrically connected to the second lower electrode (the first electrodes 312 is connected to the source electrodes or the drain electrodes of the thin-film transistors 230) (Fig. 4 and paragraph 97), and wherein the first transistor and the second transistor each comprise silicon in a channel formation region (the active layer is formed of a silicon-based semiconductor material) (paragraph 62).
In regard to claim 20, Kang teaches wherein the first upper electrode overlaps with the gap, and wherein the second upper electrode overlaps with the gap (the second electrodes 331 and 332 are shown overlapping the opening area OA2 in Fig. 4).
Allowable Subject Matter
Claim 7 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.
Kang is considered a close prior art of record. However, Kang fails to teach wherein a top surface of the insulating layer comprises a region in contact with a bottom surface of the gap. The top surface of the second insulating film 260 is shown to contact the side surface of the air gap AG.
Claims 13-16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13 the prior art of record, taken alone or in combination, fails to teach or suggest:
“depositing a layer to be a first lower electrode and a second lower electrode, a layer to be a first light-emitting layer and a second light-emitting layer, and a layer to be a first upper electrode and a second upper electrode in this order and processing the layers by first etching to form the first and second upper electrodes, the first and second light-emitting layers, and the first and second lower electrodes”
Kang is considered a close prior art of record. However, Kang fails to teach depositing a layer to be a first lower electrode and a second lower electrode, a layer to be a first light-emitting layer and a second light-emitting layer, and a layer to be a first upper electrode and a second upper electrode in this order and processing the layers by first etching to form the first and second upper electrodes, the first and second light-emitting layers, and the first and second lower electrodes. Kang teaches the layers corresponding to the first lower electrode, second lower electrode, first light-emitting layer, second light-emitting layer, first upper electrode and second upper electrode are processed as the layers are deposited not from top to bottom.
Claims 14-16 are allowed due to depending on claim 13.
Moreover, none of the prior arts of record, taken either alone or in combination, anticipate or render obvious the claimed inventions. Hence, claims 13-16 are allowable over the prior arts of record.
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 SEYON ALI-SIMAH PUNCHBEDDELL whose telephone number is (571)270-0078. The examiner can normally be reached Mon-Thur: 7:30AM-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached at (571) 272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYON ALI-SIMAH PUNCHBEDDELL/ Examiner, Art Unit 2893
/SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893