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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4 and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Choe (US 2021/0074770).
Regarding claim 1, Choe discloses a display device, comprising: a substrate on which a plurality of sub-pixels are defined (100; Paragraph [0072]); an organic light emitting element disposed on the substrate and disposed to correspond to each sub-pixel of the plurality of sub-pixels (OLED1, OLED2, OLED3; Paragraph [0095]); an encapsulation layer disposed on the organic light emitting element (400; Paragraph [0079]); a plurality of color filters disposed on the encapsulation layer to correspond to the plurality of sub-pixels, respectively (300R, 300G, 300B; Paragraph [0078]); a black matrix disposed between the plurality of color filters (BM1; Paragraph [0124]); a plurality of spacers positioned between the plurality of color filters and disposed on the black matrix (BM2; Paragraph [0126]); and an overcoating layer disposed to cover the plurality of color filters, the black matrix, and the plurality of spacers (IL2; Paragraph [0128]), wherein each of the plurality of spacers has a first surface closest to the encapsulation layer and a second surface distal from the first surface, and wherein a width of the second surface is greater than a width of the first surface (Fig. 7, BM2 & IL2; Paragraph [0206]).
Regarding claim 2, Choe further discloses wherein each of the plurality of spacers includes a black material (BM2; Paragraph [0126]).
Regarding claim 3, Choe further discloses wherein the black matrix and each spacer include a same material (Paragraph [0212]).
Regarding claim 4, Choe further discloses wherein the black matrix and a spacer of the plurality of spacers are integrally formed (BM2; Paragraph [0126]).
Regarding claim 16, Choe further discloses wherein each spacer has a reverse tapered shape (Fig. 7, BM2 & IL2; Paragraph [0206]).
Regarding claim 17, Choe further discloses wherein the plurality of spacers include a plurality of auxiliary spacers (BM3; Paragraph [0129]), and wherein at least one of the plurality of auxiliary spacers is located between a first color filter and a third color filter among the first, a second, the third and a fourth of the plurality of color filters, and between one horizontal spacer and one vertical spacer among the plurality of spacers (Fig. 7, BM3 & BM2 & BM1).
Allowable Subject Matter
Claims 5-15 are 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.
Specifically, in claim 5, the requirement wherein a touch sensor unit including a first buffer layer disposed on the encapsulation layer, at least one insulating layer disposed on the first buffer layer, and a plurality of touch electrodes disposed on the at least one insulating layer; and a second buffer layer disposed on the touch sensor unit to cover the plurality of touch electrodes, wherein the plurality of color filters and the black matrix are disposed on the second buffer layer, and at least portions of the plurality of spacers are disposed on the black matrix to overlap the plurality of touch electrodes, in combination with the other requirements of claim 5 is neither taught nor suggested by the prior art of record.
Claims 6-8 are objected to based on their dependence from claim 5.
Specifically, in claim 9, the requirement wherein the plurality of sub-pixels include a first sub- pixel, a second sub-pixel, a third sub-pixel, and a fourth sub-pixel, wherein the first sub-pixel and the second sub-pixel are alternately disposed in a first direction, and the third sub-pixel and the fourth sub-pixel are alternately disposed in the first direction and are disposed in a zigzag manner with the first sub-pixel and the second sub-pixel, wherein the plurality of color filters include a first color filter corresponding to the first sub-pixel, a second color filter corresponding to the second sub-pixel, a third color filter corresponding to the third sub-pixel, and a fourth color filter corresponding to the fourth sub- pixel, and wherein the first color filter and the second color filter are alternately disposed in the first direction, and the third color filter and the fourth color filter are disposed in the zigzag manner with the first color filter and the second color filter and are alternately disposed in the first direction, in combination with the other requirements of claim 9, is neither taught nor suggested by the prior art of record.
Claims 10-15 are objected to based on their dependence from claim 9.
Claims 18-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding independent claim 18, the references of the Prior Art of record fail to teach or suggest the combination of the limitations as set forth in claim 18, and specifically comprising the limitation wherein a method of forming a display panel comprises coating a composition on the color filter layer, the composition including a base resin and a black material; pre-baking the coated composition; exposing the coated composition using a mask and overcuring an upper surface of the composition relative to a lower portion of the composition to form a black matrix and the spacers; developing the exposed composition to simultaneously form the black matrix and the spacers; and forming an overcoat layer on the color filter layer and the spacers, wherein the spacers have a reverse taper shape is neither taught nor suggested by the prior art of record.
Regarding claims 19-20, claims 19-20 are allowable for the reasons given in claim 18 because of their dependency status from claim 18.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE M HINES whose telephone number is (571)272-2285. The examiner can normally be reached on M-F: 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece, can be reached on 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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/Anne M Hines/
Primary Examiner
Art Unit 2879