DETAILED ACTION
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) 1-3, 5-8, 10, 11 and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. US 2017/0020007 A1.
Regarding claims 1-3, 5-8, 10 and 11, Park discloses:
A display device (Figs. 1-7) comprising:
a first area (NBA1), a second area (NBA2), and a bending area (BA) between the first area and the second area;
a light emitting element (240);
an inorganic layer (310) disposed on the light emitting element; and
a thin film encapsulation layer (320) disposed on the inorganic layer,
wherein the inorganic layer includes a first inorganic pattern in the bending area (Figs. 4 and 7; BA region with 310 patterned with staircase sidewalls).
(claims 2 and 3) Figs. 4 and 7, 310 in the horizontal direction.
(claim 5) Fig. 4; 310 covering 240 in NBA area.
(claims 6-8 and 10) Figs. 4 and 7.
(claim 11) para 0063.
Regarding claims 14-17, Park discloses:
A display device (Figs. 1-7) comprising:
a first area (NBA1) and a second area (NBA2) spaced apart from each other in a first direction;
a bending area (BA) disposed between the first area and the second area and bendable with respect to a bending axis extending in a second direction intersecting the first direction;
a light emitting element (240);
an inorganic layer (310) disposed on the light emitting element; and
a thin film encapsulation layer (320) disposed on the inorganic layer,
wherein the inorganic layer includes a first inorganic pattern in the bending area (Figs. 4 and 7; BA region with 310 patterned with staircase sidewalls).
(claims 15-17) Figs. 4 and 7.
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 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. US 2017/0020007 A1.
Regarding claims 12 and 13, although Park does not specifically disclose “(claim 12) wherein a refractive index of the inorganic layer is greater than or equal to about 1.0; (claim 13) wherein an extinction coefficient of the inorganic layer is less than or equal to about 4.0”, Park does disclose various materials available for use in the inorganic layer 310. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to determine the material combination based on Park’s disclosure such that the claimed refractive index and extinction coefficient would be met. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lesbin, 125 USPQ 416.
Allowable Subject Matter
Claims 4, 9 and 18-20 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:
The prior art fails to teach or clearly suggest the limitations of claim 4 stating “wherein the first inorganic pattern includes holes spaced apart from each other”; of claim 9 stating “wherein the first to third inorganic patterns have a same pattern in a plan view”; and of claim 18 stating “a reflection control layer disposed on the inorganic layer”. In light of these limitations in the disclosure amongst others, the previously applied references do not anticipate or obviate the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERROL V FERNANDES whose telephone number is (571)270-7433. The examiner can normally be reached on 9-5:30.
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/ERROL V FERNANDES/Primary Examiner, AU 2893