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 .
Election/Restrictions
Applicant’s election without traverse of species 1, modification A2, and modification B1 (claims 1-21 readable thereon) in the reply filed on 06 January 2026 is acknowledged. Claims 6 (drawn to non-elected species 3), 8-11 (drawn to non-elected species 4), 12 and 19-21 (drawn to non-elected species 7), and 14 (drawn to non-elected species 1, modification A1) are withdrawn from consideration.
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 “bonding layer bonding the anti-glare layer to an upper surface of the second light control layer” of claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 1: The phrase, “a height difference G1 between a maximum height and a minimum height of the at least one protrusion is 40 µm or less,” is introduced in the last clause of claim 1. The meets and bounds of the scope of the limitation being claimed are unclear because of the conflict between the partially unbounded range and the existence of a protrusion. The range, “40 µm or less,” is unbounded on the lower side and appears to encompass the value of zero and values less than zero. A difference of zero between the maximum and minimum height of a protrusion indicates the lack of a protrusion. A difference of less than zero between the maximum and minimum height of a protrusion creates additional issues of clarity. The phrase is being interpreted within this office action to have the following meaning: a height difference G1 between a maximum height and a minimum height of the at least one protrusion is greater than 0 µm and less than 40 µm.
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)(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 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Min et al. (US PGPub 20220293832 A1; hereinafter referred to as “Min”).
Re claim 1: Min teaches a light emitting apparatus (FIG. 9B: el. 700; para. 178-179) comprising:
at least one light emitting device (FIG. 9B-C: el. 710a, 710b, 710c; para. 178|unit pixel 700 includes light includes light emitting devices 710a, 710b, 710c); and
a first light control layer (FIG. 9B: el. 125; para. 178) allowing light transmission therethrough (para. 189) and covering at least part of the light emitting device (FIG. 9B: el. 125, 710a; para. 178, 191),
wherein the first light control layer has at least one protrusion formed in at least some region on an upper surface thereof (FIG. 9B: el. 121p, 125|the directional modifier "upper" does not refer to the surface which is adjacent to the light emitting device, but refers to the surface which is opposite from the light emitting device; FIG. 9B should be rotated 180⁰ to match the orientation of the instant application) and a height difference between a maximum height and a minimum height of the at least one protrusion is 40 µm or less (FIG. 9B: el. 121p, 125; para. 180: sent. 4; para. 181|the protrusions of layer 125 at the interface with layer 121 are formed from a conformance with the concave-convex pattern 121p of layer 121). Min specifically teaches that a height difference between a maximum height and a minimum height of the at least one protrusion is 1.8 µm. The height difference of 1.8 µm falls within the claimed range of the instant application of 40 µm or less, and as per MPEP 2131.03(i), "If the prior art discloses a point within the claimed range, the prior art anticipates the claim."
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 2-5, 7, 13, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Min.
Re claim 2: Min teaches the light emitting apparatus according to claim 1. The embodiment of FIG. 9B of Min fails to teach a second light control layer. However, Min teaches another embodiment (FIG. 4E) in which the light emitting apparatus (FIG. 4A-E: el. 200; para. 141) comprises additional light control layers (FIG. 4E: el. 210, 220; para. 143) on top of a unit pixel (FIG. 4E: el. 20) for the benefit of controlling the light output.
The combination of the embodiment of FIG. 9B of Min and the embodiment of FIG. 4E of Min teaches the light emitting apparatus according to claim 1, further comprising; a second light control layer (FIG. 4E: el. 210) disposed on the first light control layer (FIG. 9B: el. 125, 700; para. 176|unit pixel 700, which includes the first light control layer 125, is utilized as the unit pixel 20 of FIG. 4E) and allowing light transmittance therethrough (FIG. 4E: el. 210; para. 143: sent. 1; para. 141; para. 121;| light diffusing layer 210 manufactured in the same way as light diffusing layer 110 and has the function of diffusing and allowing light emitted from light emitting devices to be transmitted therethrough).
Therefore, it would have been obvious at the time of the effective filling date of the claimed invention to combine the teachings from the embodiments of Min, for the benefit of controlling the light output of the light emitting apparatus, and to enable the use of the second light control layer of the embodiment of FIG. 4E on the light control layer of the embodiment of FIG. 9B to arrive at the claimed invention.
Re claim 3: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 2, wherein the second light control layer has at least one protrusion formed in at least some region on an upper surface thereof (FIG. 4E: el. 210; para. 143: sent. 1; para. 141; para. 115: sent. 1-2| light diffusing layer 210 manufactured in the same way as light diffusing layer 110 and has pattern of protrusions on upper surface).
Re claim 4: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 2, wherein the second light control layer comprises a light diffusive material for spreading of light (para. 141; para. 121| light diffusing layer 210 manufactured in the same way as light diffusing layer 110 and includes a diffusing material to enable the property of diffusing light).
Re claim 5: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 4, wherein the second light control layer has a thickness of 100 µm to 300 µm (para. 141; para. 117: last sentence| light diffusing layer 210 manufactured in the same way as light diffusing layer 110 and has a thickness of 170 μm to 200 μm). Min specifically teaches the second light control layer with a thickness of 170 μm to 200 μm. The thickness of 170 μm to 200 μm is narrower than, falls within, and anticipates the claimed range of the instant application of 100 µm to 300 µm as per MPEP 2131.03.
Re claim 7: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 2, wherein the first light control layer covers an upper surface of the light emitting device (FIG. 9B: el. 125, 710a; para. 178, 191).
Re claim 13: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 2, further comprising: a third light control layer (FIG. 4E: el. 220) disposed on the second light control layer (FIG. 4E: el. 210, 220; para. 143).
Re claim 18: The embodiment of FIG. 9B of Min teaches at least one light emitting device (FIG. 9B -C: el. 710a, 710b, 710c; para. 178|unit pixel 700 includes light includes light emitting devices 710a, 710b, 710c); and a first light control layer (FIG. 9B: el. 125; para. 178) covering at least part of the light emitting device (FIG. 9B: el. 125, 710a; para. 178, 191), wherein the first light control layer has at least one protrusion formed in at least some region on an upper surface thereof (FIG. 9B: el. 121p, 125|the directional modifier "upper" does not refer to the surface which is adjacent to the light emitting device, but refers to the surface which is opposite from the light emitting device; FIG. 9B should be rotated 180⁰ to match the orientation of the instant application), and a difference between a maximum height and a minimum height of the at least one protrusion is 40 µm or less (FIG. 9B: el. 121p, 125; para. 180: sent. 4; para. 181|the protrusions of layer 125 at the interface with layer 121 are formed from a conformance with the concave-convex pattern 121p of layer 121). Min specifically teaches that a height difference between a maximum height and a minimum height of the at least one protrusion is 1.8 µm. The height difference of 1.8 µm falls within and anticipates the claimed range of the instant application of 40 µm or less as per MPEP 2131.03.
The embodiment of FIG. 9B of Min fails to teach that the light emitting apparatus is a display apparatus. However, Min teaches another embodiment (FIG. 1A-B) in which unit pixels are included in a display apparatus (FIG. 1A-1B: el. 1000; para. 84). A benefit of adding the features of the display apparatus of FIG. 1A-B to the light emitting devices and light control layer of the unit pixel of FIG. 9B is that it allows the light emitting devices to form an apparatus capable of displaying visual information.
Therefore, it would have been obvious at the time of the effective filling date of the claimed invention to combine the teachings of the embodiments of Min, for the benefit of forming an apparatus capable of displaying visual information, and to enable the use of the light emitting device and light control layer of the embodiment of FIG. 9B of Min in the display apparatus of the embodiment of FIG. 1A-B of Min to arrive at the claimed invention.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Min in view of Lee et al. (US PGPub 20210265328 A1; hereinafter referred to as “Lee”).
Re claim 15: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 13, wherein the third light control layer (FIG. 4E: el. 220) is a film attached to an upper surface of the second light control layer (FIG. 4B-4E: el. 220a, 220, 210a, 210; para. 143| third light control layer 220 is attached as a laminated film to the second light control layer 210). Min fails to teach that the third light control layer has a thickness of 1 µm or less.
In a similar field of endeavor, Lee teaches a light emitting apparatus, wherein a light control layer film (FIG. 27: el. 320; para. 145: sent. 1-2) is laminated to an upper surface of a light control layer of a light emitting module (FIG. 27: el. 140; para. 145-146|antiglare film 320 laminated to front surface of light control resin layer 140 of light emitting module 100) and has a thickness of 1 µm or less (para. 145: sent. 2| Lee specifically discloses that the light control layer has a thickness of 0.1 µm; as per MPEP 2131.03, Lee anticipates this limitation of the claim by disclosing a point within the claimed range). Lee also teaches that a benefit of utilizing the light control layer film with a thickness of 0.1 µm is that it performs an antiglare function (para. 142: sent. 2; para. 145: sent. 2).
Therefore, it would have been obvious at the time of the effective filling date of the claimed invention to combine the teachings of Min and Lee to enable using the 0.1 µm thick light control layer film of Lee, as the third light control layer film of the light emitting apparatus of Min, to arrive at the claimed invention and achieve the benefit of the antiglare function as well as the benefit of simplifying a manufacturing process by using a known film thickness to achieve the benefit of the antiglare function.
Re claim 16: The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min teaches the light emitting apparatus according to claim 2, further comprising: a light control layer (FIG. 4E: el. 220) disposed on the second light control layer (FIG. 4E: el. 210). The combination of the embodiment of FIG. 4E of Min and the embodiment of FIG. 9B of Min fails to teach that the light control layer disposed on the second light control layer is an antiglare layer.
In a similar field of endeavor, Lee teaches a light emitting apparatus comprising: an anti-glare layer (para. 145: sent. 2; FIG. 27: el. 320) disposed on a light control layer (FIG. 27: el. 140; para. 145-146|antiglare film 320 laminated to front surface of light control resin layer 140 of light emitting module 100). A benefit of an antiglare layer is to reduce reflection of external light incident on the top surface of the antiglare layer.
Therefore, it would have been obvious at the time of the effective filling date of the claimed
invention to combine the teachings of Min and Lee, to enable substituting the antiglare light control layer film of Lee, for the upper light control layer film (disposed on the second light control layer) of the light emitting apparatus of Min, to arrive at the claimed invention and achieve the benefit of reduced external light reflection.
Re claim 17: The combination of Min and Lee teaches the light emitting apparatus according to claim 16, further comprising: a bonding layer (Lee- FIG. 27: el. 340) bonding the anti-glare layer to an upper surface of the second light control layer (Lee - FIG. 27: el. 140; para. 145-146|antiglare film 320 bonded to upper surface of light control resin layer 140 by adhesive bonding layer 340), wherein the anti-glare layer is an anti-glare film (Lee – FIG. 27: el. 320; para. 145) attached to the upper surface of the second light control layer (Lee – FIG. 27: el. 140, 320 |also see Re claim 16 section).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN GOODLING whose telephone number is (571)272-2552. The examiner can normally be reached M-F 7:30am - 5:00pm.
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, Julio Maldonado can be reached at (571) 272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.G./Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898