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 .
Response to Amendment
Receipt is acknowledged of applicant' s amendment filed 11/18/2025. Claim 18 cancelled, Claims 1-17 and 19-20 are pending and an action on the merits is as follows.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
Title of Specification
Applicant has not provided reasoning for not amending the title as such objection remains.
102 & 103 rejection
The applicant on page 9 of remarks recites “the cited portions of Kim disclose that all of the light emitting elements LD1, LD2, and LD3 emit light of the same color, rather than two of the light emitting elements emitting one color and another one of the light emitting elements emitting a different color. Thus, the cited portions of Kim fail to disclose, teach, or even suggest "each of two sub-pixels among the first sub-pixel, the second sub-pixel, and the third sub- pixel includes a light emitting element emitting light of the third color,….”
The examiner has considered the applicant’s argument but respectfully does not agree with the applicants characterization of the Kim reference. Granted in the cited embodiment the LD1, LD2, LD3 portions are blue e-mitting but Kim does not limit the invention too this. KIM recites the following” [0108] In an embodiment, the first, second, and third light emitting elements LD1, LD2, and LD3 may emit light of the same color or different colors. For example, all of the first, second, and third light emitting elements LD1, LD2, and LD3 may be formed of blue light emitting diodes, which emit blue light.” Just like in paragraph 184, in an embodiment Kim chooses to use blue light but one of ordinary skill would not be led to believe only blue light emitting elements could be used. Clearly Kim anticipates the reference claims 1-16, and applicant is reminded to take the disclosure as a whole when referring to prior art. (Moreover, in paragraph 184, Kim demonstrates, the use of blue light; However, one of ordinary skill would understand that not only blue light emitting elements could be used).Furthermore the term “may” give the idea of choice since clearly in paragraph 108 one is given a choice of LD1, LD2, LD3 the invention is not considered novel.
Dummy Bank
The applicant On page 10 of remarks “ However, as illustrated in the non-limiting embodiment of FIG. 17 of the present application, reproduced below, the 'dummy bank' (D_BNK) is a structure formed separately from the 'bank' (BNK). In contrast, as illustrated in FIG. 11 of Kim, reproduced below, Kim merely discloses the patterning of a single partition wall (PW), and there is no motivation, teaching, or suggestion in Kim to form an additional dummy bank on its partition wall (PW)”
Examiner again respectfully disagrees with the applicant and notes the applicant is taking a single embodiment and making conclusionary statements. Examiner notes the hat the rejection of the Dummy Bank was written under 103 and that further support for this is as follows Kim recites paragraphs 120-121 “…in embodiments of the present disclosure, the partition wall PW may have various suitable peripheral shapes corresponding not only to a rectangular shape but also to a polygonal shape, a circular shape, an elliptical shape, or a combination thereof. In other words, for example, the shape, size, and/or arrangement structure of the partition wall PW may be changed in various suitable ways depending on the embodiments…in an embodiment, the partition wall PW may have a multi-layer structure including one or more organic layers and one or more inorganic layers, whereby the height of the partition wall PW may be easily adjusted” . The examiner take as the position that one of ordinary skill would not readily see this as a “simple” as the applicant alleged but based upon the teachings of Kim’s disclosure the partition can be in two parts if required. Furthermore reflectivity can be imparted to the partition wall as well as patterning for conversion layers which improves optical efficiency while preventing color mixing, Applicant alleges that since Kim does not mention color mixing there is no motivation present for the modification; the examiner disagrees for the reasoning provided.
All arguments believe to be addressed.
Rejections remain for claims 1-16.
Updated search for claims 17 and 19-20 in light of amendment.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-5, 7, 9-10,13-16 are rejected under 35 U.S.C. 102 a1/a2 as being anticipated by Kim (US 20200013766 A1).
Regarding claim 1, Kim discloses (1-17 and corresponding text) a display device (Figure 2) comprising: a display area (DA) and a non-display area(NDA); and a pixel (PXL) disposed on a substrate (SUB) in the display area (DA), (Figure 4-6 and π97-π98) wherein the pixel (PXL) includes: a first sub-pixel (SPX1)disposed in a first sub-pixel area SPA1), the first sub-pixel emitting light of a first color; a second sub-pixel (SPX2) disposed in a second sub-pixel area(SPA2), the second sub-pixel (SPX2) emitting light of a second color; and a third sub-pixel (SPX3)disposed in a third sub-pixel area(SPA3), the third sub-pixel emitting light of a third color, and each of two sub-pixels among the first sub-pixel(SPX1), the second sub-pixel (SPX2), and the third sub-pixel (SPX3) includes a light emitting element emitting light of the third color (B), and the other sub-pixel among the first sub-pixel, the second sub-pixel, and the third sub-pixel includes a light emitting element emitting light of a color different from the third color (red and green respectively) (π185).
Regarding claim 2, Kim disclose wherein each of the first sub-pixel (SPX1) and the third sub-pixel (SPX3) includes a first light emitting element emitting light of the third color (third color being blue), and the second sub-pixel includes a second light emitting element emitting light of the second color (the second color being green).
Regarding claim 3, Kim discloses wherein the first sub-pixel includes a first color conversion layer(CCL1) including at least one first color conversion particle(π161) and each of the second sub-pixel and the third sub-pixel includes a light scattering layer (LSL) including at least one light scattering particle(π202-π203).
Regarding claim 4, Kim discloses (Figures 1-9) (Figure 7) wherein the first sub-pixel (SPX1) includes: a pixel circuit layer (PCL) disposed on the substrate (SUB), the pixel circuit layer including a transistor (π131); a display element layer (DPL) disposed on the pixel circuit layer (PCL), the display element layer (DPL) including the first light emitting element (LD1) disposed in a first emission area; a first color conversion layer(CCL1) disposed on the display element layer (DPL)to overlap the first emission area (no number) in a plan view, the first color conversion layer(CCL1) including at least one first color conversion particle (π161); and a color filter layer(CF1) disposed on the first color conversion layer (CCL1).
Regarding claim 5, Kim discloses (Figures 1-10) (Figure 10) wherein the display element layer (DPL) further includes a bank (PW) provided in a first non-emission area(no label), the bank(PW) including an opening corresponding to the first emission area (no label).
Regarding claim 9, Kim discloses (Figures 10-16) (Figure 10) wherein the second sub-pixel (SPX2) includes: a pixel circuit layer (PCL) disposed on the substrate (sub), the pixel circuit layer(PCL) including a transistor (T); a display element layer (DPL)disposed on the pixel circuit layer (PCL), the display element layer(DPL) including the second light emitting element (LD2) disposed in a second emission area; and a first light scattering layer(CCL2 and π203) disposed on the display element layer(DPL) to overlap the second emission area in a plan view, the first light scattering layer(CCL2 and π203) including at least one first light scattering particle (π203).
Regarding claim 10, Kim discloses (Figures 10-16)( Figure 10) wherein the display element layer(DPL)) further includes a bank (PW, partition wall) provided in a second non-emission area, the bank (PW) including opening corresponding to the second emission area.
Regarding claim 13, Kim discloses (Figures 10-16) (Figure 10) wherein the third sub-pixel (SPX3) includes: a pixel circuit layer(PCL) disposed on the substrate(SUB), the pixel circuit layer (PCL)including a transistor (T); a display element layer(DPL) disposed on the pixel circuit layer (PCL), the display element layer(DPL) including the first light emitting element (LD1 =LD3) disposed in a third emission area; and a second light scattering layer(LSL) disposed on the display element layer(DPL) to overlap the third emission area in a plan view, the second light scattering layer (LSL) including at least one second light scattering particle (π202).
Regarding claim 14, Kim (Figures 10-16) (Figure 10) discloses wherein each of the second sub-pixel and the third sub-pixel includes a first light emitting element emitting light of the third color(B), and the first sub-pixel includes a third light emitting element emitting light of the first color(B)(π184) .
Regarding claim 15, Kim discloses (Figures 10-16), wherein the second sub-pixel (SPX2) includes a second color conversion layer(CCL2) including at least one second color conversion particle (π193), and each of the first sub-pixel(SPX1) and the third sub-pixel (SPX3) includes a light scattering layer including at least one light scattering particle (π203).
Regarding claim 16, Kim discloses wherein light of the first color is red light, light of the second color is green light, and light of the third color is blue light (π67-π68)
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 6-8, 11-12, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20200013766 A1).
Regarding claim 6, Kim fails to explicitly disclose wherein the first sub-pixel further includes a dummy bank disposed on the bank, corresponding to the first non-emission area.
Kim rather discloses on Partition Wall which extends upwards to the capping layer to adequately prevent light leakage in the device .
One of ordinary skill in the art could readily derive before the effective filing date to modify the display device of Kim as taught by Kim wherein the first sub-pixel further includes a dummy bank disposed on the bank, corresponding to the first non-emission area the motivation being to prevent light mixing at unwanted boundaries.
Regarding claim 7, Kim discloses (Figures 1-9) (Figure 7), wherein the first sub-pixel (SPX1) further includes a capping layer(CPL1) disposed between the first color conversion layer (CCL1) and the color filter (CF1).
Regarding claim 8, Kim discloses (Figure 10) wherein the capping layer (CPL) is disposed directly on the first color conversion layer(CCL1) and the dummy bank (Partition Wall, PW) (see rejection claim 6).
Regarding claim 11, Kim fails to explicitly disclose wherein the second sub-pixel further includes a dummy bank disposed on the bank, corresponding to the second non-emission area.
Kim rather discloses on Partition Wall which extends upwards to the capping layer to adequately prevent light leakage in the device .
One of ordinary skill in the art could readily derive before the effective filing date to modify the display device of Kim as taught by Kim wherein the first sub-pixel further includes a dummy bank disposed on the bank, corresponding to the first non-emission area the motivation being to prevent light mixing at unwanted boundaries thus increasing light efficiency.
Regarding claim 12 Kim discloses (Figures 10-16) wherein the second sub-pixel further includes a capping(CPL2) layer disposed on partition wall (PW)(see rejection six and 11) and the first light scattering layer (CCL2 and π203).
Regarding claims 17 and 19-20, these claims the rejections of claims 1-16 apply mutatis mutandis to overcome these limitations of these claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the 892 provided with this office action and below:
US 20180357948 A1- a Micro LED color display device, which has good color uniformity,
US 20170092820 A1.- light emitting device package capable of realizing various colors
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 TRACIE Y GREEN whose telephone number is (571)270-3104. The examiner can normally be reached Mon-Thursday, 10am-8pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached at (571)272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRACIE Y GREEN/Primary Examiner, Art Unit 2875
TRACIE Y. GREEN
Primary Examiner
Art Unit 2875