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 Group I, claims 1-10 in the reply filed on February 12, 2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claims 4-6 are 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.
Regarding claim 4, lines 1-2 state “a second data conductive layer between the substrate and the organic film”, the recitation renders the claim indefinite, raising the issue of ambiguity, since it implies the presence of a “first data conductive layer”, which has not been stated in any of the preceding claims.
Claims 5-6 are rejected for the same reasoning as dependent upon claim 4.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (CN 217641344 U, of record).
Regarding claim 1, Lee discloses a light emitting display device (Fig. 22) comprising: a substrate (110); an organic film (182) on the substrate; a green light emitting diode (G, Fig. 20) on the organic film and comprising a first anode (anode); a red light emitting diode (R) on the organic film and comprising a second anode (anode); a black pixel defining film (380) having an opening exposing the first anode (anode) and an opening exposing the second anode (anode); a cathode (cathode) on the black pixel defining film (380), the first anode, and the second anode; an encapsulation layer (400) covering the cathode; a light blocking member (220) on the encapsulation layer and having an opening; and a color filter (230) filling the opening in the light blocking member, wherein a portion of the organic film (182) overlapping the first anode in a plan view has a halftone exposure area (HEA), and a step of the halftone exposure area is 30 nm or less (¶[0006]).
Regarding claim 2, Lee discloses a light emitting display device wherein the organic film (182) has an opening (OP) for anode connection that connects the first anode or the second anode, and wherein the halftone exposure area (HEA) does not overlap the opening for anode connection in the plan view (Fig. 22).
Regarding claim 3, Lee discloses a light emitting display device further comprising a blue light emitting diode (B) on the organic film and comprising a third anode, wherein a portion of the organic film (182) that overlaps the second anode and the third anode in the plan view does not have a halftone exposure area and a step thereof exceeds 30 nm (portion surrounding HEA region, Fig. 22).
Regarding claim 4, Lee discloses a light emitting display device further comprising a second data conductive layer (SD2) between the substrate and the organic film, wherein the organic film comprises a lower organic film (182) and an upper organic film (183).
Regarding claim 5, Lee discloses a light emitting display device wherein the halftone exposure area (HEA1g. Fig. 18) arranged at a portion overlapping the first anode in the plan view is on the lower organic film, and wherein the halftone exposure area is not on the upper organic film (¶[0230]).
Regarding claim 6, Lee discloses a light emitting display device further comprising a first data conductive layer (SD1) between the substrate and the second data conductive layer, wherein the first data conductive layer (SD1) has a first extension (Fl-SD1) overlapping the first anode in the plan view, and wherein the second data conductive layer (SD2) has a plurality of second extensions (FL-SD2) respectively overlapping the second anode and the third anode in the plan view (Fig. 19).
Regarding claim 7, Lee discloses a light emitting display device wherein a polarizer is not on the light blocking member and the color filter (¶[0265]).
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) 1, 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunji et al. (CN 111919510 A) in view of Lee (US 2021/0273145 A1).
Regarding claim 1, Gunji discloses a light emitting display device (Figs. 2 and 4) comprising: a substrate (12); an organic film (21) on the substrate; a plurality of light emitting diodes on the organic film and each comprising an anode (22); a pixel defining film (23) having an opening exposing the anode; a cathode (25) on the pixel defining film, the first anode, and the second anode; an encapsulation layer (6) covering the cathode; wherein a portion of the organic film overlapping the first anode in a plan view has an area, and a step of the area is 30 nm or less (i.e., the step is 0, Fig. 4). Gunji discloses an organic film wherein a wiring (SH) covered by the organic film (21) are formed around the anode (23, Fig. 4), accordingly, a step formed on the organic film is prevented due to the presence of the wiring underneath the organic film (see Figs 3 and 4 for comparison between an embodiment provided with wiring underneath the anode area and an embodiment without wirings underneath the anode area).
In regards to the recitation “a halftone exposure area”, Applicant is claiming a product including a method (i.e. a process) of making, consequently, the recitation is considered “product-by-process”. In spite of the fact that a product-by-process claim may recite only process limitations, it is the product and not the recited process that is covered by the claim. Further, patentability of a claim to a product does not rest merely on the difference in the method by which the product is made. Rather, is the product itself which must be new and not obvious. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Accordingly, the structure implied by the process steps would be considered for assessing the patentability of product-by-process claims over the prior art (see MPEP 2113).
Gunji fails to exemplify the plurality of light emitting diodes comprising a green light emitting diode and a red light emitting diode; the pixel defining film being a black pixel defining film; a light blocking member on the encapsulation layer and having an opening; and a color filter filling the opening in the light blocking member.
Lee discloses a light emitting display device (Fig. 3) comprising: a substrate (101); an organic film (220) on the substrate; a green light emitting diode on the organic film and comprising a first anode (E1, ¶[0043]); a red light emitting diode on the organic film and comprising a second anode (E1, ¶[0043]); a black pixel defining film (PDL) having an opening exposing the anode; a cathode (E2) on the pixel defining film, the first anode, and the second anode; an encapsulation layer (EN) covering the cathode; a light blocking member (BM) on the encapsulation layer and having an opening; and a color filter (CF) filling the opening in the light blocking member. One skilled in that art would reasonably contemplate providing the additional structure of the OLED display as disclosed by Lee in order to enhance color light emission of the display. Thus, it would have been obvious to one of ordinary skill in the art at the time of effective filling of the claimed invention to incorporate the black pixel defining film and the color filter assembly as disclosed by Lee in the display device of Gunji in order to enhance color light emission of the display.
Regarding claim 2, Gunji discloses a light emitting display device wherein the organic film (21) has an opening for anode connection that connects the first anode (22) or the second anode (Fig. 4), and wherein the area does not overlap the opening for anode connection in the plan view (Fig. 4).
Regarding claim 7, Gunji in view of discloses a light emitting display device wherein a polarizer is not on the light blocking member and the color filter (¶[0265]).
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunji et al. (CN 111919510 A) in view of Lee (US 2021/0273145 A1), and further in view of Kim et al. (US 2021/0399260 A1).
Regarding claims 8-9, Gunji in view of Lee discloses a display device wherein the encapsulation layer (6) comprises a first inorganic encapsulation layer (26), an organic encapsulation layer (27), and a second inorganic encapsulation layer (28), but fails to exemplify wherein the first inorganic encapsulation layer comprises a (1-1)-th inorganic encapsulation layer, a (1-2)-th inorganic encapsulation layer, and a (1-3)-th inorganic encapsulation layer that have different refractive indexes and thicknesses and that are sequentially stacked.
Kim discloses a light emitting display device (Fig. 3) comprising: a substrate (110); an organic film (130) on the substrate; a plurality of light emitting diodes (ED) each comprising an anode (AE); a pixel defining film (150) having an opening exposing the anode; a cathode (CE) on the pixel defining film, the first anode, and the second anode; an encapsulation layer (170) covering the cathode; a light blocking member (260) on the encapsulation layer and having an opening; and a color filter (235) filling the opening in the light blocking member; wherein the encapsulation layer comprises a first inorganic encapsulation layer (171), an organic encapsulation layer (173), and a second inorganic encapsulation layer (175), and wherein the first inorganic encapsulation layer comprises a (1-1)-th inorganic encapsulation layer (1711), a (1-2)-th inorganic encapsulation layer (1713), and a (1-3)-th inorganic encapsulation layer (1715) that have different refractive indexes and thicknesses (¶s[0165-0168]) and that are sequentially stacked (Fig. 10), and wherein the refractive index of the (1-2)-th inorganic encapsulation layer (1713) is the largest from among the layers of the first inorganic encapsulation layer (¶s[0167-0166]), the refractive index of the (1-3)-th inorganic encapsulation layer (1715) is the next largest (¶[0167]), and the refractive index of the (1-1)-th inorganic encapsulation layer (¶[0167]) is the smallest, and wherein the (1-2)-th inorganic encapsulation layer is the thickest from among the layers of the first inorganic encapsulation layer, the (1-1)-th inorganic encapsulation layer is the next thickest, and the (1-3)-th inorganic encapsulation layer is the thinnest (¶s[0165-0166]). The optimization of the refractive indices and thickness of the layers provides for reduction of the extinction coefficient which denotes a reduction in light loss due to light absorption, which, in turn, denotes an increase in light efficiency (¶[0169]). 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 Aller, 105 USPQ 233. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the refractive indices and thicknesses of the stacked first inorganic encapsulation layer as disclosed by Kim in the display device of Gunji in view of Lee in order to provide a reduction in the extinction coefficient and consequently an increase in light efficiency of the display, since optimization of workable ranges is considered within the skill of the art.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunji et al. (CN 111919510 A) in view of Lee (US 2021/0273145 A1), in view of Kim et al. (US 2021/0399260 A1), and further in view of Choi et al. (US 2022/0376208 A1).
Regarding claim 10, Gunji in view of Lee/Kim fail to exemplify the first inorganic encapsulation layer further comprises a (1-4)-th inorganic encapsulation layer having a low refractive index and being on the (1-3)-th inorganic encapsulation layer.
Choi discloses a light emitting display device (Fig. 3) comprising: a substrate (110); an organic film (130) on the substrate; a plurality of light emitting diodes (ED) each comprising an anode (AE); a pixel defining film (150) having an opening exposing the anode; a cathode (CE) on the pixel defining film, the first anode, and the second anode; an encapsulation layer (170) covering the cathode; a light blocking member (260) on the encapsulation layer and having an opening; and a color filter (235) filling the opening in the light blocking member; wherein the encapsulation layer comprises a first inorganic encapsulation layer (171), an organic encapsulation layer (173), and a second inorganic encapsulation layer (175), and wherein the first inorganic encapsulation layer (Fig. 4) comprises first (311), second (313), third (315) and fourth (317) stacked inorganic layers, each having different thicknesses and refractive indices (¶[0063]), wherein the fourth inorganic encapsulation layer (317) has a low refractive index (¶[0068]) and being on the third inorganic encapsulation layer (Fig. 4), in order to influence a change in visibility, by forming resonance. Thus, it would have been obvious to one of ordinary skill in the art at the time of effective filling of the claimed invention to incorporate the fourth inorganic encapsulation layer as disclosed by Choi in the display device of Gunji in view of Lee/Kim in order to influence a change in visibility, by forming resonance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (KR 20220033637 A) discloses a display device comprising a substrate; a transistor positioned on the substrate; an interlayer insulating film positioned on the transistor; a driving voltage line and a data line located on the interlayer insulating film and connected to the transistor; a passivation layer positioned on the driving voltage line and the data line; a pixel electrode positioned on the passivation layer and overlapping at least a portion of the driving voltage line and the data line; wherein the upper surface of the passivation layer is flattened by reducing a step difference, the pixel electrode has a flat shape.
Peng et al. (CN 112885874 A) discloses an array substrate comprising a substrate; a patterned layer, set on the substrate; the patterned layer comprises a patterned structure; a planarization layer, which is set on one side of the patterned layer away from the substrate; the planarization layer covers the patterned layer; a pixel defining layer, which is set on one side of the planarization layer away from the substrate; the pixel defining layer is provided with a plurality of grooves; the groove is used for forming a sub-pixel; the ratio of the vertical projection area of the patterned structure in the bottom of at least one groove is greater than or equal to 80 % of the area of the bottom of the corresponding groove.
The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood or implied from the texts of the references. To emphasize certain aspects of the prior art, only specific portions of the texts have been pointed out. Each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mariceli Santiago whose telephone number is (571) 272-2464. The examiner can normally be reached on Monday-Friday from 8:00 AM to 4:00 PM.
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/Mariceli Santiago/Primary Examiner, Art Unit 2879