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 .
Inventorship
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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claims 2 and 9, where the top surface of the first El layer, the top surface of the second EL layer, and the top surface of the first insulating layer each in contact with the common electrode must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It is noted that in every depiction of the disclosed device there is a common layer 114 shown between both the first EL layer, second EL layer and first insulating layer, and the common electrode. Therefore these elements are never shown in contact with the common electrode 113.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4, 5, 11 and 12 are objected to because of the following informalities: Each of these claims describe a portion of the EL layers protruding “above from” the top surface of the insulating layer. It is not clear what “above from” means. Is the EL layer protruding from the top surface of the insulating layer? Is the EL layer protruding above the top surface of the insulating layer? Is the EL layer protruding both above the top surface of the insulating layer and from the top surface of the insulating layer? For further examination it is presumed that the EL layer protrudes above the top surface of the insulating layer. Appropriate correction is required.
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.
Claim(s) 1, 2, 4-8 and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim, U.S. Patent Application Publication No. 2013/0038203 A1.
With regard to claim 1, Kim, fig. 1, discloses a display device (100) comprising: first pixel; second pixel arranged to be adjacent to the first pixel (figs show only one pixel in the display pixel array [0039]; and first insulating layer (140), wherein the first pixel comprises a first pixel electrode (150), a first EL layer (160) over the first pixel electrode (150), and a common electrode (170) over the first EL layer (160), wherein the second pixel comprises a second pixel electrode (150), a second EL layer (160) over the second pixel electrode (150), and the common electrode (170) over the second EL layer (160), wherein a side surface of the first EL layer (160) and a side surface of the second EL layer (160) each comprise a region in contact with the first insulating layer (140), wherein a side surface of the first pixel electrode (150) is covered with the first EL layer (160), and wherein a side surface of the second pixel electrode (150) is covered with the second EL layer (160) [0036-0056].
With regard to claim 2, Kim, fig. 1, discloses that a top surface of the first EL layer (160), a top surface of the second EL layer (160), and a top surface of the first insulating layer (140) each comprise a region in contact with the common electrode (170) [0036-0056].
With regard to claim 4, Kim, fig. 1, discloses that the first insulating layer (140) comprises a region protruding above from at least one of a top surface of the first EL layer (160) and a top surface of the second EL layer (160) in a cross-sectional view of the display device [0036-0056].
With regard to claim 5, Kim, fig. 1, discloses that at least one of the first EL layer (160) and the second EL layer (160) comprises a region protruding above from a top surface of the first insulating layer (140) in a cross-sectional view of the display device [0036-0056].
With regard to claim 6, Kim, fig. 1, discloses that the top surface of the first insulating layer (140) comprises a concave curved surface shape in a cross-sectional view of the display device [0036-0056] (between sections 140a and 140b).
With regard to claim 7, Kim, fig. 1, discloses wherein a top surface of the first insulating layer (140) comprises a convex curved surface shape in a cross-sectional view of the display device [0036-0056] (top of portion 140b).
With regard to claim 8, Kim, fig. 10, discloses a display device (200) comprising: first pixel; second pixel arranged to be adjacent to the first pixel (figs show only one pixel in the display pixel array [0039]; and first insulating layer (230); and second insulating layer (240), wherein the first pixel comprises a first pixel electrode (250), a first EL layer (260) over the first pixel electrode (250), and a common electrode (270) over the first EL layer (260), wherein the second pixel comprises a second pixel electrode (250), a second EL layer (260) over the second pixel electrode (250), and the common electrode (270) over the second EL layer (260), wherein a side surface of the first EL layer (260) and a side surface of the second EL layer (260) each comprise a region in contact with the first insulating layer (230), wherein the second insulating layer (240) is provided over and in contact with the first insulating layer (230) and positioned below the common electrode (270), wherein the first insulating layer (230) comprises an inorganic material, wherein the second insulating layer comprises an organic material (240), wherein a side surface of the first pixel electrode (250) is covered with the first EL layer (260), and wherein a side surface of the second pixel electrode (250) is covered with the second EL layer (260) [0036-0056] and [0077-0080].
With regard to claim 11, Kim, fig. 1, discloses that the first insulating layer (240) comprises a region protruding above from at least one of a top surface of the first EL layer (260) and a top surface of the second EL layer (260) in a cross-sectional view of the display device [0036-0056] and [0077-0080].
With regard to claim 12, Kim, fig. 1, discloses that at least one of the first EL layer (260) and the second EL layer (260) comprises a region protruding above from a top surface of the first insulating layer (240) in a cross-sectional view of the display device [0036-0056] and [0077-0080].
With regard to claim 13, Kim, fig. 1, discloses that the top surface of the second insulating layer (240) comprises a concave curved surface shape in a cross-sectional view of the display device [0036-0056] and [0077-0080] (between sections 230a and 240).
With regard to claim 14, Kim, fig. 1, discloses wherein a top surface of the second insulating layer (240) comprises a convex curved surface shape in a cross-sectional view of the display device [0036-0056] and [0077-0080] (top of portion 240).
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 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claims 1 and 8 above, in view of Chen, et al., U.S. Patent Application Publication No. 2015/0236073 A1.
With regard to claims 3 and 10, Kim discloses all of the limitations, however it does not expressly disclose a common layer between the EL layers and the common electrode.
Chen, in fig. 3, discloses various common layers (126, 122, 128, 140) between the EL layers 130 and the common electrode 150 to improve the color gamut and display performance [0053].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a common layer between the EL layers and the common electrode in the Kim device, as taught by Chen, to improve the color gamut and display performance.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim.
With regard to claim 9, Kim, fig. 10, discloses that a top surface of the first EL layer (260), a top surface of the second EL layer (260) and a and a top surface of the second insulating layer (240) each comprise a region in contact with the common electrode (270) [0036-0056]. However it does not expressly teach that a top surface of the first insulating layer (230) comprises a region in contact with the common electrode.
One skilled in the art would understand that the purpose of the first insulating layer (230) is to provide a hydrophilic surface to enhance adhesion with the EL layers [0078]. As such, one would recognize that the first insulating layer could additionally be placed on the inner surface of the second insulating layer 240 thereby further enhancing adhesion with the EL layer, thereby resulting in the first insulating layer in contact with the common electrode.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further position the first insulating layer on the inner surface of the second insulating layer to further enhance adhesion with the EL layer, thereby having a top surface of the first insulating layer in contact with the common electrode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas A Hollweg whose telephone number is (571)270-1739. The examiner can normally be reached M-F 8-4.
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THOMAS A. HOLLWEG
Supervisory Patent Examiner
Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874