DETAILED ACTION
This action is responsive to the amendment received on 04/09/2026.
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 .
Election/Restrictions
Applicant’s election without traverse of Species C, E, and F in the reply filed on 09/18/2025 is acknowledged. Claims 7-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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 § 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 (#112G, Figure 6B, organic layer which is a light emitting compound according to [0088]) over the pixel electrode (Figure 6B, #112G is over #111G), and a counter electrode (#113, Figure 6B, common electrode) over the electroluminescence layer (Figure 6B, #113 is over #112G);
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 the electroluminescence layer (Figures 6B and 12B, #126s are sandwiched between the pixel electrodes #111G and electroluminescence layers #112G of adjacent pixels);
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 all of #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 the light-shielding film (Figure 12B, #171 is over the side edges of #172) and the first inorganic film (Figure 12B, #171 is over all of #121) 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.
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 8-9 of the remarks, filed 04/09/2026, 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 “a bank having a plurality of apertures overlapping the pixel electrodes and sandwiched between the pixel electrodes and the electroluminescence layer, . . . wherein the bank has a tapered structure toward the apertures, an edge portion of the electroluminescence layer overlaps the tapered structure, and an edge portion of the light-shielding film overlaps the electroluminescence layer over the tapered structure. The examiner respectfully disagrees. While the applicant is correct that the originally considered embodiment of Kubota (Figure 14A) does not appear to disclose these amended limitations, an alternative embodiment of Kubota (Figure 12B) does appear to disclose all of the limitations of amended claim 1. Specifically, Figure 12B of Kubota discloses 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 the electroluminescence layer (Figures 6B and 12B, #126s are sandwiched between the pixel electrodes #111G and electroluminescence layers #112G of adjacent pixels); . . . 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). Therefore, claim 1 stands rejected.
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”).
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
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.
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/TYLER J WIEGAND/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
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