DETAILED ACTION
This action is responsive to the amendment and request for continued examination (RCE) received on 07/27/2026.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/27/2026 has been entered.
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in JAPAN on 05/16/2022.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-6 and 21 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to recite the limitation “a resin film located over and entirely covering the light shielding film and the first inorganic film”. This limitation is interpreted as new matter. [0041] and Figure 2 of the originally filed specification detail the resin film (#174) as located over and at least partially covering the light shielding film (#162) and the first inorganic film (#172). The films extend to the end of the view shown and are interpreted to extend in some fashion over more of the device outside of the provided cross-sectional view in both the left/right and in/out of the page directions. The specification does not provide specifically that the resin film covers the entirety of the rest of the light shielding and first inorganic films such that there may be locations where the resin film concludes or is not present and either the light shielding film or the first inorganic film continues to extend uncovered in said region. For these reasons, claim 1 is rejected under 35 U.S.C. 112(a) for new matter and claims 2-6 and 21 are rejected under 35 U.S.C. 112(a) at least for their dependencies. For the purposes of this examination, claim 1 will be interpreted to read as “a resin film located over and at least partially covering the light shielding film and the first inorganic film” as this limitation is interpreted as being supported by the originally filed specification.
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(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0260287 A1; Kubota et al.; 08/2024; (“Kubota”).
Regarding Claim 1. Kubota discloses A display device (Figure 12B, display apparatus where the layers of the individual LEDs are shown in greater detail in Figure 6B) comprising:
a plurality of pixels (Figure 12B, two pixels are provided on the left and right sides respectively) each comprising a light-emitting element (#110Gs, Figure 12B, light emitting elements) including a pixel electrode (#111G, Figure 6B, pixel electrode), an electroluminescence layer (#115, #112G, and #116, Figure 6B, organic layer #112G which is a light emitting compound according to [0088] along with organic layers #115 and #116 which are electron injection/transport layers according to [0093]) located over and in direct contact with the pixel electrode (Figure 6B, the combination of #115, #112G, and #116 is over #111G and #115 is in direct contact with #111G) and comprising a plurality of layers (Figure 6B, #115, #112G, and #116 are a plurality of layers), and a counter electrode (#113, Figure 6B, common electrode) over the electroluminescence layer (Figure 6B, #113 is over the combination of #115, #112G, and #116);
a bank (#126, Figure 6B and 12B, resin layer) having a plurality of apertures overlapping the pixel electrodes (Figures 6B and 12B, #126s have a plurality of apertures or openings overlapping the #111Gs) and sandwiched between the pixel electrodes and all of the plurality of layers (Figures 6B and 12B, #126s are sandwiched between the pixel electrodes #111G/#111R and the combination of #115, #112G/#112R, and #116 of adjacent pixels in the horizontal direction);
a first inorganic film (top layer of #121, Figure 6B, [0109], protective layer is a three layered film of an organic layer between two inorganic insulating layers, the top inorganic insulating layer is “the first inorganic film”) over the counter electrode (Figure 6B, all of #121 is over #113);
a light-shielding film (#172, Figure 12B, light-blocking layer) located over the first inorganic film (Figure 12B, #172 is over #121) and having a plurality of openings overlapping the pixel electrodes of the plurality of pixels (Figure 12B, the openings or gaps in the #172 layer overlaps with the #111Gs);
a resin film (#171, Figure 12B, resin layer) located over and at least partially covering the light-shielding film (Figure 12B, #171 partially covers the side edges of #172) and the first inorganic film (Figure 12B, #171 is over and covering all of #121 in the observed cross-section) and in contact with the first inorganic film (Figure 12B, #171 is in contact with the top layer of #121 in the pixel regions); and
a second inorganic film (#170, Figure 12B, substrate made of inorganic material, such as ceramic, as the top substrate #452 in Figure 21A and [0354]) over the resin film (Figure 12B, #170 is over #171),
wherein the bank has a tapered structure toward the apertures (Figures 6B and 12B, #126s have tapered structures at the top left and top left edges toward the respective apertures or openings),
an edge portion of the electroluminescence layer overlaps the tapered structure (Figures 6B and 12B, edge portions of #112G overlap with the tapered structures of #126), and
an edge portion of the light-shielding film overlaps the electroluminescence layer over the tapered structure (Figures 6B and 12B, edge portions of #172 overlap with the portions of #112G which are over the tapered structures of #126).
Regarding Claim 2. Kubota discloses The display device according to claim 1, wherein the light-shielding film is in contact with the first inorganic film (Figure 12B, #172 is in contact with the top layer of #121 outside the pixel regions).
Regarding Claim 3. Kubota discloses The display device according to claim 1, wherein the resin film is in contact with the light-shielding film and the first inorganic film (Figure 12B, #171 is in contact with the top layer of #121 in the pixel regions and is in contact with #172).
Regarding Claim 4. Kubota discloses The display device according to claim 1, further comprising a cap layer (bottom two layers of #121, Figure 6B, [0109], protective layer is a three layered film of an organic layer between two inorganic insulating layers, the bottom inorganic insulating layer and the middle organic layer is “the cap layer”, noting here that the instant application describes the cap layer in [0030]-[0031] as potentially a multilayer structure comprising inorganic and organic materials) between the counter electrode and the first inorganic film (Figure 6B, the bottom two layers of #121 are between the top layer of #121 and #113).
Regarding Claim 5. Kubota discloses The display device according to claim 4, wherein the cap layer is in contact with the counter electrode (Figure 6B, the bottom layers of #121 are in direct contact with #113).
Regarding Claim 6. Kubota discloses The display device according to claim 4, wherein the first inorganic film is in contact with the cap layer (Figure 6B, the bottom layers of #121 are in direct contact with the top layer of #121).
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(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0260287 A1; Kubota et al.; 08/2024; (“Kubota”) as applied to claim 1 above, and further in view of US 2023/0142449 A1; Chu et al.; 05/2023; (“Chu”).
Regarding Claim 21. Kubota discloses The display device according to claim 1, wherein the second inorganic film is spaced away from the light-shielding film (Figure 12B, left and right edges of #172s are spaced away from the portions of #170 directly above them by the resin film #171 which is interjected therebetween).
Kubota does not explicitly disclose that the second inorganic film contains an inorganic oxide containing nitrogen and silicon. However, as described above in the rejection of claim 1, Kubota does teach that the second inorganic film may be a ceramic.
Chu teaches a display device (Figure 4, touch display panel according to [0058]) comprising a inorganic film (#1421, Figure 4, first insulating layer made of a ceramic material which may be a number of different inorganic materials according to [0080]) over the light emitting devices (#12, Figure 4), wherein the second inorganic film contains an inorganic oxide containing nitrogen and silicon ([0080], #1421 may comprise silicon oxynitride, which is an oxide that contains nitrogen and silicon, and may also be silicon nitride which the instant application states in [0034] is an example of an oxide containing silicon and nitrogen, “the second inorganic film 176 includes an inorganic oxide containing nitrogen and silicon, such as silicon nitride . . .”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider using silicon oxynitride or silicon nitride as the ceramic material of the second inorganic film of Kubota, as was taught by Chu, since “Silicon nitride is a structural ceramic material with properties of good hardness, wear-resistance, anti-oxidation at high temperatures and thermal shock resistance. This material does not break even when being subjected to rapid cooling after being heated to above 1000° C. in air and rapid heating again. . . .the material of the first insulating layer 1421 may further include silicon oxide, silicon oxynitride” (see [0080] of Chu).
Response to Arguments/Amendments
Applicant’s amendments to claim 1 and corresponding arguments, see pages 4-7 of the remarks, filed 07/27/2026, with respect to the 35 U.S.C. 102 rejection of claim 1 and corresponding prior art rejections of the dependent claims have been fully considered but are not found persuasive. The 35 U.S.C. 102 rejection of claim 1 has been maintained.
Applicant argues that the cited prior art (US 2024/0260287 A1; Kubota et al.; 08/2024; (“Kubota”)) does not disclose all of the features of amended claim 1.
Applicant first argues Kubota does not disclose “an electroluminescence layer located over and in direct contact with the pixel electrode and comprising a plurality of layers . . . and a bank having a plurality of apertures overlapping the pixel electrodes and sandwiched between the pixel electrodes and all of the plurality of layers” because applicant believes only the organic layer #114 in Figures 6B and 12B of Kubota contributes to the limitation while the other layers of the electroluminescence layer in Kubota are disposed below the bank. The examiner respectfully disagrees.
The examiner believes applicant is only considering the “sandwich” as being oriented in the vertical direction. Kubota discloses a plurality of pixels (Figure 12B, two pixels are provided on the left and right sides respectively) each comprising a light-emitting element (#110Gs, Figure 12B, light emitting elements) including a pixel electrode (#111Gs, Figure 6B, pixel electrode), an electroluminescence layer (#115, #112G, and #116, Figure 6B, organic layer #112G which is a light emitting compound according to [0088] along with organic layers #115 and #116 which are electron injection/transport layers according to [0093]) located over and in direct contact with the pixel electrode (Figure 6B, the combination of #115, #112G, and #116 is over #111G and #115 is in direct contact with #111G) and comprising a plurality of layers (Figure 6B, #115, #112G, and #116 are a plurality of layers) . . . and a bank (#126, Figure 6B and 12B, resin layer) having a plurality of apertures overlapping the pixel electrodes (Figures 6B and 12B, #126s have a plurality of apertures or openings overlapping the #111Gs) and sandwiched between the pixel electrodes and all of the plurality of layers (Figures 6B and 12B, #126s are sandwiched between the pixel electrodes #111G/#111R and the combination of all the layers #115, #112G/#112R, and #116 of adjacent pixels in the horizontal direction). Therefore, it does appear that Kubota discloses the identified limitation.
Applicant further argues Kubota does not disclose “a resin film located over and entirely covering the light shielding film and the first inorganic film” because the resin layer #171 in Figure 12B of Kubota covers only a portion of #172 and does not appear to cover the portions of #172 which are in direct contact with #170.
While applicant’s observation may be correct, this limitation has resulted in a 35 U.S.C. 112(a) rejection for new matter. [0041] and Figure 2 of the originally filed specification detail only that the resin film (#174) partially covers the light shielding film (#162) and the first inorganic film (#172). The films extend to the end of the view shown and are interpreted to extend in some fashion over more of the device outside of the provided cross-sectional view in both the left/right and in/out of the page directions. The specification does not provide specifically that the resin film covers the entirety of the rest of the light shielding and first inorganic films such that there may be locations where the resin film concludes or is not present and either the light shielding film or the first inorganic film continues to extend uncovered in said region. For this reason, the claim has been interpreted to read as “a resin film located over and at least partially covering the light shielding film and the first inorganic film” which is taught by Kubota.
Therefore, it is the examiner’s interpretation that claim 1 is entirely disclosed by Kubota. Claim(s) 1-6 stand rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0260287 A1; Kubota et al.; 08/2024; (“Kubota”).
Applicant’s amendments to claim 21 and corresponding arguments, see page 7 of the remarks, filed 07/27/2026, with respect to the 35 U.S.C. 103 rejection of claim 21 have been fully considered but are not found persuasive. The 35 U.S.C. 103 rejection of claim 21 has been maintained.
Applicant argues that the cited prior art (US 2024/0260287 A1; Kubota et al.; 08/2024; (“Kubota”) in view of US 2023/0142449 A1; Chu et al.; 05/2023; (“Chu”)) does not disclose all of the features of amended claim 21.
Applicant argues neither reference discloses “the second inorganic film . . . is spaced away from the light-shielding film” because #170 in Figure 12B of Kubota of makes direct contact with #172. The examiner respectfully disagrees.
While applicant is correct that #170 does appear to be in contact with #172 at certain locations, it is the examiner’s position that this does not preclude #170 from being spaced away from #172 as recited in the claim. The claim does not require there to be no contact between the recited claim elements or require the two elements to be completely separated from one another. Examiner notes that if this were the intended interpretation, a 112(a) rejection for new matter would be considered for similar reasons to the “entirely covering” statement in claim 1 since the cross-section does not show all the details in all directions and the specification does not appear to recite that the second inorganic film is spaced away from the light-shielding film throughout the entire device such that it is interpreted that there could still be contact. Kubota does disclose that the second inorganic film is spaced away from the light-shielding film at least partially (Figure 12B, left and right edges of #172s are spaced away from the portions of #170 directly above them by the resin film #171 which is interjected therebetween) which the claim is interpreted to encompass.
Therefore, it is the examiner’s interpretation that claim 21 is entirely disclosed by Kubota in view of Chu. Claim(s) 21 stands rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0260287 A1; Kubota et al.; 08/2024; (“Kubota”) as applied to claim 1 above, and further in view of US 2023/0142449 A1; Chu et al.; 05/2023; (“Chu”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER JAMES WIEGAND whose telephone number is (571)270-0096. The examiner can normally be reached Mon-Fri. 8AM-5PM.
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/TYLER J WIEGAND/Examiner, Art Unit 2812
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