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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/16/2023 has been considered by the examiner.
Election/Restrictions
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/12/2026.
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 and 6 are rejected under 35 U.S.C. 102 a1/a2 as being anticipate by Kim et al. ( US 20220059799 A1) (Kim, hereafter).
Regarding claim 1, Kim discloses (Figures 1-12 and corresponding text) a display device (1) comprising: a blue color filter layer (235, third color filter, π0236-π250) in a blue transmission region (TA3) of an upper substrate (30), and including first scattering particles (333, π276); a green color filter layer (233, second color filter) in a green transmission region (TA2) of the upper substrate (30), and including second scattering particles (353, π302); a red color filter layer (231) in a red transmission region(TA1) of the upper substrate (30); a partition wall (370) on the upper substrate(30) and defining a blue transmission opening (TA3), a green transmission opening (TA2), and a red transmission opening (TA1), which overlap the blue transmission region (TA3), the green transmission region(TA2), and the red transmission region (TA1), respectively; a color conversion layer(340) including red color conversion particles(345) and third scattering particles (343) (π282-π285), and accommodated in the red transmission opening (TA1); a light emitting element layer(OL, π174)) on a lower substrate(10) facing the upper substrate (30); and a filling material (70) between the upper substrate(30) and the lower substrate (10).
Regarding claim 6, Kim discloses wherein the light emitting element layer(OL) includes: a blue light emitting element layer configured to emit a blue light having a peak wavelength in a range of 440 nanometers (nm) to 480 nm (π176); and a green light emitting element layer overlapping the blue light emitting element layer, and configured to emit a green light having a peak wavelength in a range of 510 nm to 550 nm (π176-π178).
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) 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. ( US 20220059799 A1) (Kim, hereafter).
Regarding claims 2 and 3, Kim discloses the display device set forth above (see rejection claim 1). Kim fails to explicitly disclose wherein an average diameter of the second scattering particles is greater than or equal to an average diameter of the first scattering particles (Claim 2); wherein the average diameter of the first scattering particles is 480 nm or less, and the average diameter of the second scattering particles is 550 nanometers (nm) or less (Claim 3).However since Kim discloses using scattering particles (see rejection above) one of ordinary skill in the art before the effective filing date could readily modify the display device of Kim along with the disclosure of Kim to derive, wherein an average diameter of the second scattering particles is greater than or equal to an average diameter of the first scattering particles; wherein the average diameter of the first scattering particles is 480 nm or less, and the average diameter of the second scattering particles is 550 nanometers (nm) or less , the motivation being to uniformly distribute extracted light and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re A11er, 105 USPQ 233.
Regarding claims 4-5 the limitations, wherein each of the blue transmission opening and the green transmission opening defined by the partition wall is filled with the filling material (claim 4); wherein the color conversion layer is spaced apart from each of the blue transmission region and the green transmission region in a plan view (claim 5) etc do not appear to contain any additional features which define more than slight constructional changes which come within the scope of the customary (design) practice followed by persons skilled in the art, especially as the advantages thus achieved can be readily contemplated in advance. Alternatively, these limitations are not deemed patentable since the applicant’s disclosure fails to show such limitations to solve any problems or to yield any unobvious advantage that is not within the scope of the teachings applied. Therefore, such limitations would be a matter of design alternative.
It would have been obvious to one of ordinary skill before the effective filing date to modify the display device of Kim with the disclosure of Kim and ordinary skill to derive wherein each of the blue transmission opening and the green transmission opening defined by the partition wall is filled with the filling material; wherein the color conversion layer is spaced apart from each of the blue transmission region and the green transmission region in a plan view, the motivation being to provide a device exhibiting high-quality characteristics such as wide viewing angle, high luminance and contrast, and fast response speed, and since design matters only require routine skill.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found can be found in the 892 and below:
US 20220336535 A1- A method of manufacturing a display apparatus -SAME Assignee -no double patenting
WO 2022149663 A1-Display Device
US 20220157896 A1-Dsiplay Apparatus-SAME Assignee-No Double patenting
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.
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TRACIE Y. GREEN
Primary Examiner
Art Unit 2875
/TRACIE Y GREEN/Primary Examiner, Art Unit 2875