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 certified copies of papers required by 37 CFR 1.55, which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/21/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 9/10/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 9/21/2023. These drawings are considered acceptable by Examiner.
America Invents Act
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 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.
Nonstatutory Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 1-2, 8 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over Claim(s) 1-2 of co-pending U.S. Application No. 18/479,648. The present claimed invention appears to be broader in scope than the invention of ‘648. Although the conflicting claims are not identical, they are not patentably distinct from each other because of the following:
Regarding Claim 1, ‘648 claims a display panel (Claim 1, clause 1) comprising: a unit pixel area defined along a first direction and a second direction that is perpendicular to the first direction (clause 2), wherein, in the unit pixel area, a first display element configured to emit light of a first color and a second display element configured to emit light of a second color are arranged adjacent to each other along the first direction (clause 3), and a third display element configured to emit light of a third color is arranged adjacent to the first display element and the second display element along the second direction (clause 3), and a third emission area corresponding to the third display element comprises a 3-1st sub-emission area and a 3-2nd sub-emission area on one pixel electrode (Claim 2), and the 3-1st sub-emission area and the 3-2nd sub-emission area each have a closed curve shape (closed curve shape, Claim 1, clause 4).
Regarding Claim 2, ‘648 claims the display panel of claim 1, wherein a first emission area corresponding to the first display element and a second emission area corresponding to the second display element each have a circular shape (Claim 1, clause 4).
Regarding Claim 8, ‘648 claims the display panel of claim 1, wherein a first emission area corresponding to the first display element comprises a 1-1st sub-emission area and a 1-2nd sub-emission area on one pixel electrode, and the 1-1st sub-emission area and the 1-2nd sub-emission area each have a closed curve shape (Claim 1, clause 4).
Examiner notes that regarding independent Claim 11, ‘648 does not claim a display panel with a first emission area corresponding to the first display element comprises a 1-1st sub-emission area and a 1-2nd sub-emission area on one pixel electrode in combination with a third display element configured to emit light of a third color are arranged along a diagonal direction relative to the first direction
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.
1. Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim (U.S. Pub. No. 2019/0173042 A1).
Regarding Claim 1, Lim teaches a display panel comprising: a unit pixel area (B, B, G, R pixel [Wingdings font/0xE0] horizontal row of G, R, above horizontal row of B, B, Fig. 16) defined along a first direction and a second direction that is perpendicular to the first direction, wherein, in the unit pixel area (B, B, G, R pixel), a first display element (EA3 - R) configured to emit light of a first color and a second display element (EA2 - G) configured to emit light of a second color are arranged adjacent to each other along the first direction (Fig. 16), and a third display element (EA1 - B) configured to emit light of a third color is arranged adjacent to the first display element (EA3 - R) and the second display element (EA2 - G) along the second direction, and a third emission area corresponding to the third display element (EA1 - B) comprises a 3-1st sub-emission area (1st EA1) and a 3-2nd sub-emission area (2nd EA1) on one pixel electrode, and the 3-1st sub-emission area (1st EA1) and the 3-2nd sub-emission area (2nd EA1)each have a closed curve shape (as clearly depicted in Fig 16).
Regarding Claim 2, Lim teaches the display panel of claim 1, wherein a first emission area corresponding to the first display element (EA3 - R) and a second emission area corresponding to the second display element (EA2 - G) each have a circular shape (circular, Fig. 16).
Regarding Claim 3, Lim teaches the display panel of claim 2, wherein a size of the first emission area is less than a size of the second emission area (¶ [0215]).
Regarding Claim 4, Lim teaches the display panel of claim 3, wherein the 3-1st sub-emission area is adjacent to the first emission area, and the 3-2nd sub-emission area is adjacent to the second emission area, and a size of the 3-1st sub-emission area is less than a size of the 3-2nd sub-emission area (¶ [0215]-¶ [0218]).
Regarding Claim 5, Lim teaches the display panel of claim 1, wherein a first emission area corresponding to the first display element (EA3 - R) and a second emission area corresponding to the second display element (EA2 - G) each have a non-circular closed curve shape (alternate shape, Fig. 2C).
Regarding Claim 6, Lim teaches the display panel of claim 1, wherein the 3-1st sub-emission area and the 3-2nd sub-emission area are connected to each other to form a non-circular closed curve shape (alternate shape, Fig. 2C).
Regarding Claim 7, Lim teaches the display panel of claim 6, wherein the 3-1st sub-emission area is inscribed in a circle having a first radius, and the 3-2nd sub-emission area is inscribed in a circle having a second radius that is smaller than the first radius, to form a dumbbell shape (combined adjacent circles form a dumbbell shape; different sizes, ¶ [0215]-¶ [0218]).
Regarding Claim 8, Lim teaches the display panel of claim 1, wherein a first emission area corresponding to the first display element (EA3 - R; multiple, nth) comprises a 1-1st sub-emission area and a 1-2nd sub-emission area on one pixel electrode, and the 1-1st sub-emission area and the 1-2nd sub-emission area each have a closed curve shape (curved shape, Fig. 16).
Regarding Claim 9, Lim teaches the display panel of claim 1, wherein a second emission area corresponding to the second display element (EA2 - G; multiple, nth) comprises a 2-1st sub-emission area and a 2-2nd sub-emission area on one pixel electrode, and the 2-1st sub-emission area and the 2-2nd sub-emission area each have a closed curve shape (curved, Fig. 16).
Regarding Claim 10, Lim teaches the display panel of claim 1, wherein the first color is red (of EA3 - R), the second color is green (of EA2 - G), and the third color is blue (of EA1 - B).
Regarding Claim 11, Lim teaches a display panel comprising: a unit pixel area (B, B, G, R pixel) defined along a first direction and a second direction that is perpendicular to the first direction, wherein, in the unit pixel area (B, B, G, R pixel), a first display element (EA3 - R) configured to emit light of a first color, a second display element (EA2 - G) configured to emit light of a second color, and a third display element (EA1 - B) configured to emit light of a third color are arranged along a diagonal direction (as clearly defined in Fig. 16 since viewing the two rows, one of G, R above the row of B, B) relative to the first direction, and a first emission area corresponding to the first display element (EA3 - R) comprises a 1-1st sub-emission area (1st EA3) and a 1-2nd sub-emission area (2nd EA3) on one pixel electrode to be apart from each other, and the 1-1st sub-emission area (1st EA3) and the 1-2nd sub-emission area (2nd EA3) each have a closed curve shape (as clearly depicted in Fig. 16).
Regarding Claim 12, Lim teaches the display panel of claim 11, wherein the 1-1st sub-emission area (1st EA3) and the 1-2nd sub-emission area (2nd EA3) each have a circular shape (circular, Fig. 16).
Regarding Claim 13, Lim teaches the display panel of claim 11, wherein the 1-1st sub-emission area (1st EA3) and the 1-2nd sub-emission area (2nd EA3) each have a non-circular closed curve shape (shape, as depicted in Fig. 2C).
Regarding Claim 14, Lim teaches the display panel of claim 11, wherein a second emission area corresponding to the second display element (EA2 - G; multiple, nth) comprises a 2-1st sub-emission area and a 2-2nd sub-emission area on one pixel electrode to be apart from each other, and the 2-1st sub-emission area and the 2-2nd sub-emission area each have a closed curve shape (curved, Fig. 16).
Regarding Claim 15, Lim teaches the display panel of claim 14, wherein the 2-1st sub-emission area and the 2-2nd sub-emission area each have a circular shape (circular, Fig. 16).
Regarding Claim 16, Lim teaches the display panel of claim 14, wherein the 2-1st
sub-emission area and the 2-2nd sub-emission area each have a non-circular closed curve shape (shapes, Fig. 2C).
Regarding Claim 17, Lim teaches the display panel of claim 11, wherein a size of a third emission area corresponding to the third display element (EA1 - B) is greater than a size of a second emission area corresponding to the second display element (EA2 - G; ¶ [0215]-¶ [0218]).
Regarding Claim 18, Lim teaches the display panel of claim 11, wherein a second emission area corresponding to the second display element (EA2 - G) has a non-circular closed curve shape (shape, Fig. 2C).
Regarding Claim 19, Lim teaches the display panel of claim 11, wherein a third emission area corresponding to the third display element (EA1 - B) has a donut shape (Fig. 16).
Regarding Claim 20, Lim teaches the display panel of claim 11, wherein the first color is red (of EA3 - R), the second color is green (of EA2 - G), and the third color is blue (of EA1 - B).
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 10,446,620 teaches different emission area sizes of R, G, B.
Examiner's Note
The Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Hana Featherly whose telephone number is (571)-272-8654. The examiner can normally be reached on M-R 10 AM - 2 PM. 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 571-272-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Hana Featherly/
USPTO Art Unit 2875
Patent Examiner Hana Featherly
/JAMES R GREECE/Supervisory Patent Examiner, Art Unit 2875