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 Invention I (Claims 1-13) in the reply filed on 12/16/2025 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), fourth paragraph:
Subject to the [fifth paragraph of 35 U.S.C. 112 (pre-AIA )], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 4, it has the claim limitation of " the inner space defined by the second light-blocking pattern is surrounded by the second light-blocking material”. However claim 4 depends on the claim 1, which includes “a second light-blocking pattern … defining an inner space surrounded by the second light-blocking material”. Therefore claim 4 fails to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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.
Claims 1 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 2020/0168844, 1st interpretation).
Regarding claim 1, Kim (US 2020/0168844) teaches a display device (Fig. 1-5, [0022-0123]) comprising:
a light-emitting element (the element corresponding to the light-emitting layer 113 in Fig. 4-5);
an encapsulation layer (the face seal 104 in Fig. 4-5) covering the light-emitting element (the element corresponding to the light-emitting layer 113 in Fig. 4-5);
an etch protection layer (the protection layer 102 in Fig. 4-5, [0072, 0089]) on the encapsulation layer (the face seal 104 in Fig. 4-5);
a first light-blocking pattern (the pattern corresponding to the reflection patterns 220 in Fig. 4-5, [0079-0080]) protruding from an upper surface (the top surface of 102 in Fig. 4-5) of the etch protection layer (the protection layer 102 in Fig. 4-5, [0072, 0089]), and comprising a first light-blocking material ([0079-0080]);
an organic layer (the layer corresponding to 210, or 210 and 240 in Fig. 4-5, [0076, 0118-0121]) covering the first light-blocking pattern (the pattern corresponding to the reflection patterns 220 in Fig. 4-5, [0079-0080]), and defining a trench (the trench corresponding to 230, or 230 and 250 in Fig. 4-5) exposing an upper surface of the first light-blocking pattern (the top surface of 220 in Fig. 4-5); and
a second light-blocking pattern (the pattern corresponding to 230, or 230 and 250 in Fig. 4-5, [0077-0078, 0119-0121]) in the trench (the trench corresponding to 230, or 230 and 250 in Fig. 4-5), comprising a second light-blocking material ([0077, 0119-0121]), and defining an inner space (the space corresponding to S1, S2 or S3 in Picture 1, Fig. 3C, Fig. 4-5, [0088, 0118-0121]) surrounded by (Picture 1, Fig. 3C, Fig. 4-5, [0088, 0118-0121], Fig. 3C shows that the light-blocking patterns is provided in a mesh shape, therefore, the space corresponding to S1, S2 or S3 is an inner space and is surrounded by 230 and/or 250 as shown in Fig. 3C and Fig. 4-5) the second light-blocking material (the material corresponding to 230, or 230 and 250 in Fig. 4-5, [0077-0078, 0119-0121]).
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Picture 1, from Fig. 4-5 of Kim (US 2020/0168844)
Regarding claims 4-5, Kim (US 2020/0168844) also teaches the following elements:
(Claim 4) the inner space (the space corresponding to S1, S2 or S3 in Picture 1, Fig. 3C, Fig. 4-5, [0088, 0118-0121]) defined by the second light-blocking pattern (the pattern corresponding to 230, or 230 and 250 in Fig. 4-5, [0077-0078, 0119-0121]) is surrounded by the second light-blocking material ([0077, 0119-0121]).
(Claim 5) an upper surface of the organic layer (the top surface of 210 in Fig. 4) and an upper surface of the second light-blocking pattern (the top surface of 230 in Fig. 4) are substantially level (Fig. 4).
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 of this title, 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0168844, 1st interpretation) as applied to claim 1 above, and in view of Kim (US 2021/0217990).
Regarding claim 7, Kim (US 2020/0168844) teaches colorful lights ([0070]) or a wavelength conversion layer ([0068-0071]), the first light-blocking material (the material of the first light absorption patterns 230 in Fig. 5) and the second light-blocking material (the material of the second light absorption patterns 250 in Fig. 5). Kim (US 2020/0168844) does not teach the following elements.
Kim (US 2021/0217990) teaches the following elements (Fig. 2, [0075-0076]):
(Claim 7) a light-blocking material (240 in Fig. 2, [0075-0076]) comprise metal or metal oxide ([0076]).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Kim (US 2021/0217990) for each of the first light-blocking material and the second light-blocking material in the system of Kim (US 2020/0168844) such that in the system of Kim (US 2020/0168844),
(Claim 7) the first light-blocking material and the second light-blocking material comprise metal or metal oxide.
The motivation is to prevent or reduce color mixture between light having different colors (Kim (US 2021/0217990), [0076]).
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0168844, 2nd interpretation).
Regarding claim 1, Kim (US 2020/0168844) teaches a display device (Fig. 1-5, [0022-0123]) comprising:
a light-emitting element (the element corresponding to the light-emitting layer 113 in Fig. 5);
an encapsulation layer (the face seal 104 in Fig. 5) covering the light-emitting element (the element corresponding to the light-emitting layer 113 in Fig. 5);
an etch protection layer (the protection layer 102 in Fig. 5, [0072, 0089]) on the encapsulation layer (the face seal 104 in Fig. 5);
a first light-blocking pattern (the pattern corresponding to 220 and 230 in Fig. 5, [0077-0080]) protruding from an upper surface (the top surface of 102 in Fig. 5) of the etch protection layer (the protection layer 102 in Fig. 5, [0072, 0089]), and comprising a first light-blocking material (the material of 230 in Fig. 5);
an upper resin layer (the layer corresponding to 240 in Fig. 5, [0076, 0118-0121]) covering the first light-blocking pattern (the pattern corresponding to 220 and 230 in Fig. 5, [0079-0080]), and defining a trench (the trench corresponding to 250 in Fig. 5) exposing an upper surface of the first light-blocking pattern (the top surface of 230 in Fig. 5); and
a second light-blocking pattern (the pattern corresponding to 250 in Fig. 5, [0119-0121]) in the trench (the trench corresponding to 250 in Fig. 5), comprising a second light-blocking material ([0119-0121]), and defining an inner space (the space corresponding to S3 in Picture 1, Fig. 3C, Fig. 5, [0088, 0118-0121]) surrounded by (Picture 1, Fig. 3C, Fig. 5, [0088, 0118-0121], Fig. 3C shows that the light-blocking patterns is provided in a mesh shape, therefore, the space corresponding to S3 is an inner space surrounded by 250 as shown in Fig. 3C and Fig. 5) the second light-blocking material (the material of 250 in Fig. 4-5, [0119-0121]).
Kim (US 2020/0168844) teaches that an lower resin layer (the layer corresponding to the first resin layer 210 in Fig. 5, [0076, 0118-0121]) is an organic layer ([0119]). Kim (US 2020/0168844) does not explicitly point out that the upper resin layer (the layer corresponding to 240 in Fig. 5, [0076, 0118-0121]) is an organic layer.
Kim (US 2020/0168844) teaches that a resin layer is an organic layer ([0076]).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Kim for the system of Kim (US 2020/0168844) such that in the system of Kim (US 2020/0168844), the upper resin layer is an organic layer. The motivation is to improve the convenience of the process (Kim (US 2020/0168844), [0121]).
Regarding claim 3, Kim (US 2020/0168844) also teaches the following elements:
(Claim 3) the first light-blocking pattern (the pattern corresponding to 220 and 230 in Fig. 5, [0077-0080]) has tapered sides (the tapered sides of 230 in Fig. 5) in a cross sectional view (Fig. 5)
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0168844, 2nd interpretation) as applied to claim 1 above, and in view of Lin (US 2022/0037415).
Regarding claim 2, Kim (US 2020/0168844) teaches the first light-blocking material (the material of the first light absorption patterns 230 in Fig. 5) and the second light-blocking material (the material of the second light absorption patterns 250 in Fig. 5). Kim (US 2020/0168844) does not teach the following elements.
Lin teaches the following elements (Fig. 1 and Fig. 6, [0037-0038, 0054]):
(Claim 2) a first light-blocking material comprises a photoresist material, and a second light-blocking material comprises metal or metal oxide (Fig. 1 and Fig. 6, [0037], a material of the first light blocking layer 110A and/or a material of the second light blocking layer 110B may include a light-absorbing material or a light-reflecting material. For example, the light-absorbing material may include a black photoresist material. The light-reflecting material may, for example, include metal or other suitable materials).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Lin for each of the first light-blocking material and the second light-blocking material in the system of Kim (US 2020/0168844) such that in the system of Kim (US 2020/0168844),
(Claim 2) the first light-blocking material comprises a photoresist material, and the second light-blocking material comprises metal or metal oxide.
The motivation is to achieve the function of shielding light or blocking light from penetration with suitable materials, it helps to improve quality or structural stability and reduce color mixing of adjacent sub-pixels (Lin, [0037, 0054]).
Claims 6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0168844, 3rd interpretation).
Regarding claim 6, Kim (US 2020/0168844) teaches a display device (Fig. 1-5, [0022-0123]) comprising:
a light-emitting element (the element corresponding to the light-emitting layer 113 in Fig. 5);
an encapsulation layer (the face seal 104 in Fig. 5) covering the light-emitting element (the element corresponding to the light-emitting layer 113 in Fig. 5);
an etch protection layer (the protection layer 102 in Fig. 5, [0072, 0089]) on the encapsulation layer (the face seal 104 in Fig. 5);
a first organic layer (the layer corresponding to the first resin layer 210 in Fig. 5, [0076, 0118-0121]) on the etch protection layer (the protection layer 102 in Fig. 5, [0072, 0089]), and defining a first trench (the trench of 210 for 220 and 230 in Fig. 5) exposing a portion of an upper surface of the etch protection layer (the top surface of the protection layer 102 in Fig. 5, [0072, 0089]);
a first light-blocking pattern (the first light absorption patterns 230 in Fig. 5) in the first trench (the trench of 210 for 220 and 230 in Fig. 5), comprising a first light-blocking material (the material of 230 in Fig. 5, [0077-0078]), and defining a first inner space (the space corresponding S2 in Picture 1, Fig. 3C, [0088, 0118-0121]) surrounded by the first light-blocking material (the material of the first light absorption patterns 230 in Fig. 5) in Fig. 5, [0077-0078]);
a second layer (the second resin layer 240 in Fig. 5, [0119]) on the first organic layer (the layer corresponding to the first resin layer 210 in Fig. 5, [0076, 0118-0121]), and defining a second trench (the trench of 240 corresponding to 250 in Fig. 5) exposing at least a portion of the first light-blocking pattern (the first light absorption patterns 230 in Fig. 5); and
a second light-blocking pattern (the second light absorption patterns 250 in Fig. 5) in the second trench (Fig. 5), comprising a second light-blocking material (the material of the second light absorption patterns 250 in Fig. 5), and defining a second inner space (the space corresponding S3 in Picture 1, Fig. 3C, [0088, 0118-0121]) surrounded by the second light-blocking material (the material of the second light absorption patterns 250 in Fig. 5).
Kim (US 2020/0168844) teaches that the first organic layer (the layer corresponding to the first resin layer 210 in Fig. 5, [0076, 0118-0121]) is the first resin layer ([0119]) and the second layer is the second resin layer ([0119]). Kim (US 2020/0168844) does not explicitly point out that the second layer is a second organic layer.
Kim (US 2020/0168844) teaches that the second layer (the second resin layer 240 in Fig. 5, [0119]) is a resin layer ([0119]), and a resin layer is an organic layer ([0076]).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Kim for the system of Kim (US 2020/0168844) such that in the system of Kim (US 2020/0168844), the second layer is a second organic layer. The motivation is to improve the convenience of the process (Kim (US 2020/0168844), [0121]).
Regarding claims 9 and 11, Kim (US 2020/0168844) also teaches the following elements:
(Claim 9) the first light-blocking pattern (the first light absorption patterns 230 in Fig. 5) directly contacts the second light-blocking pattern (the second light absorption patterns 250 in Fig. 5).
(Claim 11) an upper surface of the second layer (the top surface of the second resin layer 240 in Fig. 5, [0119]) and an upper surface of the second light-blocking pattern (the top surface of the second light absorption patterns 250 in Fig. 5) are substantially level (Fig. 5). As stated in the rejection of claim 6 above, Kim already the second layer is the second organic layer
Regarding claim 10, as stated in the rejection of claim 6 above, Kim (US 2020/0168844) already teaches the first organic layer and the second organic layer.
Kim (US 2020/0168844) also teaches an organic layer may be formed of polyimide (PI), cyclic olefin polymer (COP), polycarbonate (PC), polyethylene terephthalate (PET), polyethylene naphthalate (PEN), polynorbornene (PNB), polyethersulfone (PES), or the like ([0076]).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to try and recognize that in the system of Kim (US 2020/0168844), the first organic layer and the second organic layer has different materials having different refractive index; therefore, a refractive index of the first organic layer is different from a refractive index of the second organic layer. The motivation is to improve the convenience of the process (Kim (US 2020/0168844), [0121]) regarding to the availability of the materials .
Allowable Subject Matter
Claims 8, 12-13 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.
The following is a statement of reasons for the indication of allowable subject matter:
None of the prior art of record discloses or suggests all the combination of a display device as set forth in claims 8 and 12-13.
Regarding claim 8, none of the prior art discloses or suggests a display device recited in claim 6, wherein “the first inner space is completely surrounded by the first light-blocking material, and the second inner space is completely surrounded by the second light-blocking material” in combination with the other required elements of the claim.
Regarding claims 12-13, none of the prior art discloses or suggests a display device recited in claim 6, wherein “a first transparent layer between the first organic layer and the second organic layer, and defining a first slit pattern corresponding to the first trench” in combination with the other required elements of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 9am-5pm EST M-F.
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/Shan Liu/
Primary Examiner, Art Unit 2871