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
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/01/2026.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 10-14 and 20 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Choi et al. (US. Pub: 2021/0249492 A1~hereinafter “Choi”).
Regarding claim 10, Choi discloses (in at least figs. 7-9) a method of manufacturing a display apparatus, the method comprising: forming, on a substrate (100), an organic insulating layer (117; [0113]) comprising a first opening, a second opening, and a third opening (see at least fig. 7); respectively forming a first pixel electrode (221) and a second pixel electrode (221) in the first opening and the second opening of the organic insulating layer (see fig. 7); forming, on the organic insulating layer (117), a pixel-defining film (119) protruding toward the third opening beyond the organic insulating layer (see at least figs. 7-9); respectively forming a first intermediate layer (222) and a second intermediate layer (222) on the first pixel electrode and the second pixel electrode (see at least figs. 7-9); and locating a counter electrode (223) on the first intermediate layer and the second intermediate layer (see at least figs. 7-9).
Regarding claim 11, Choi discloses (in at least figs. 7-9) the pixel-defining film (119) is provided in an undercut shape in the third opening (TA) of the organic insulating layer.
Regarding claim 12, Choi discloses (in at least figs. 7-9) the pixel-defining film (119) comprises openings overlapping at least parts of the first opening, the second opening, and the third opening of the organic insulating layer (117).
Regarding claim 13, Choi discloses (in at least figs. 7-9) forming a dummy intermediate layer (222 is formed in the TA region) in the third opening of the organic insulating layer (117).
Regarding claim 14, Choi discloses (in at least figs. 7-9) a first organic light-emitting diode (OLED; see at least fig. 7) comprises the first pixel electrode (221), the first intermediate layer (222), and the counter electrode (223), and a second organic light-emitting diode (OLED) comprises the second pixel electrode (221), the second intermediate layer (222), and the counter electrode (223).
Regarding claim 20, Choi discloses (in at least figs. 7-9) by locating an intermediate layer (222) forming material on the substrate (100), the first intermediate layer (222) located on the first pixel electrode (221), the second intermediate layer (222) located on the second pixel electrode (221), and the dummy intermediate layer (i.e. the TA region) located in the third opening (see fig. 7).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US. Pub: 2021/0249492 A1~hereinafter “Choi”).
Regarding claim 15, Choi discloses (in at least figs. 7-9) locating an organic insulating layer (117) forming material on the substrate (100); locating a first photoresist on at least a part of the organic insulating layer (117) forming material; forming the organic insulating layer (117) comprising the first opening, the second opening, and the third opening (see at least figs. 7-9).
Choi does not expressly disclose the openings are created by etching a portion of the organic insulating layer forming material on which the first photoresist is not located; and removing the first photoresist.
However, it is well-known in the art to using etching process in display device as evident by Kanaya (US. Pub: 2018/0151834 A1) at least fig. 9, paragraph ([0086]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider using the etching method of Kanaya to remove a portion of the organic insulating layer forming material on which the first photoresist is not located; and removing the first photoresist of Choi in order to form the openings.
Regarding claim 16, Choi discloses (in at least figs. 7-9) locating a pixel electrode (221) forming material on the organic insulating layer (117); and forming the first pixel electrode (221) and the second pixel electrode (221), by planarizing the pixel electrode forming material such that a top surface of the pixel electrode forming material and a top surface of the organic insulating layer (117).
Choi does not expressly disclose the top surface of the pixel electrode and a top surface of the organic insulating layer are located on a same plane.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the display device of Choi such that a top surface of the pixel electrode forming material and a top surface of the organic insulating layer are located on a same plane, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claim 17, Choi discloses (in at least figs. 7-9) locating a pixel-defining film (119) forming material on the organic insulating layer (117); forming the pixel-defining film (119) comprising the openings (see figs. 7-9) overlapping at least parts of the first opening and the second opening.
Choi does not expressly disclose locating a second photoresist on at least a part of the pixel-defining film forming material, by etching a portion of the pixel-defining film forming material on which the second photoresist is not located; and removing the second photoresist. See the reasoning of claim 15.
Regarding claim 18, Choi does not expressly disclose locating a third photoresist on at least a part of the pixel-defining film; and forming an opening overlapping at least a part of the third opening in the pixel-defining film by etching a portion of the pixel-defining film on which the third photoresist is not located. See the reasoning of claim 15 above.
Regarding claim 19, Choi as modified by Kanaya discloses (in at least figs. 7-9) etching and removing the pixel electrode forming material located in the third opening of the organic insulating layer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30.
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ELMITO BREVAL
Primary Examiner
Art Unit 2875
/ELMITO BREVAL/Primary Examiner, Art Unit 2875