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 Invention I and Species I, claims 1-15 in the reply filed on 04/23/2026 is acknowledged.
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.
Claims 1-6, 8, and 10 – 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. 20220181410.
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Regarding claim 1, figs. 5-6 of Kim discloses a display device comprising:
a transistor layer (transistor layer) disposed on a substrate 100 and comprising at least one transistor 220;
an insulating layer 140 disposed on the transistor layer;
a first pixel electrode 321 (of A2 region) disposed on the insulating layer;
a first pixel defining layer 150 (around A2) covering a side surface of the first pixel electrode and a side surface (top side surface) of the insulating layer and defining a first emission area A2;
a first light emitting layer 323 disposed in the first emission area on the first pixel electrode;
a first common electrode 305 disposed on the first light emitting layer; and
a bank disposed on the insulating layer and surrounding the first pixel electrode,
wherein the first pixel electrode 321 and the bank are disposed on a same layer and comprise a same material (see portion of 321 with region labeled as examiner to be “bank” which same material as 321 in A2 region).
Regarding claim 13, fig. 5 of Kim discloses a display device comprising:
a transistor layer disposed on a substrate and comprising at least one transistor;
a first pixel electrode disposed on the transistor layer;
a first pixel defining layer covering a side surface of the first pixel electrode and defining a first emission area;
a first light emitting layer disposed in the first emission area on the first pixel electrode;
a first common electrode disposed on the first light emitting layer; and
a bank disposed on the transistor layer and surrounding the first pixel electrode,
wherein the first pixel electrode and the bank are disposed on a same layer and comprise a same material.
Regarding claims 2 and 14, fig. 5 of Kim discloses wherein the bank comprises: a first bank 150 disposed on the insulating layer/ disposed on the transistor layer; a second bank 160 disposed on the first bank; and a third bank (portion of 305 on top of 160) disposed on the second bank.
Regarding claim 3, fig. 5 of Kim discloses wherein a side surface of the first bank and a side surface of the second bank are recessed inward from a side surface of the third bank (side surface of third bank covers that of first bank and second bank and there are recessed inward from side surface of the third bank).
Regarding claim 4, fig. 5 of Kim discloses wherein the third bank comprises a tip (sharp corner is a tip that is) protruding from a side surface of the second bank.
Regarding claim 5, fig. 5 of Kim discloses wherein the first common electrode 305 covers the first pixel defining layer and the insulating layer and extends to a side surface of the first bank.
Regarding claim 6, fig. 5 of Kim discloses wherein the first pixel electrode comprises: a first layer (V shaped layer of 321 on 140) disposed on the insulating layer; and a second layer (flat layer of 321) disposed on the first layer.
Regarding claim 8, fig. 5 of Kim discloses further comprising: a second pixel electrode 321 (of A3) disposed on the insulating layer; a second pixel defining layer covering a side surface of the insulating layer and a side surface of the second pixel electrode and defining a second emission area (A3); a second light emitting layer disposed in the second emission area on the second pixel electrode; and a second common electrode disposed on the second light emitting layer.
Regarding claim 10, fig. 5 of Kim discloses wherein the first and second common electrodes are electrically connected through the first bank.
Regarding claim 11, fig. 5 of Kim discloses further comprising: an electrode pattern (top surface pattern) disposed on the third bank, the electrode pattern and the first common electrode comprising a same material.
Regarding claim 12, fig. 5 of Kim discloses further comprising: a first encapsulation layer disposed on the first common electrode and the electrode pattern, and covering side surfaces of the first and second banks.
Claims 1 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BOK et al. 20200266246.
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Regarding claim 1. Fig. 3-5 of Bok discloses a display device comprising:
a transistor layer (TR layer) disposed on a substrate 100 and comprising at least one transistor TR;
an insulating layer 114 disposed on the transistor layer;
a first pixel electrode 161 disposed on the insulating layer;
a first pixel defining layer 115 covering a side surface of the first pixel electrode and a side surface (top side surface) of the insulating layer and defining a first emission area (see figs. 4 and 12);
a first light emitting layer 170 disposed in the first emission area on the first pixel electrode (figs.4 and 12);
a first common electrode 118 (which is common to all LED) disposed on the first light emitting layer; and
a bank 162 (fig. 4) disposed on the insulating layer and surrounding the first pixel electrode, wherein the first pixel electrode and the bank are disposed on a same layer and comprise a same material (material of 160 – fig. 6).
Regarding claim 13, figs. 3-5 of Bok discloses a display device comprising:
a transistor layer (TR layer) disposed on a substrate and comprising at least one transistor;
a first pixel electrode 161 disposed on the transistor layer;
a first pixel defining layer 115 covering a side surface of the first pixel electrode and defining a first emission area;
a first light emitting layer 170 disposed in the first emission area on the first pixel electrode;
a first common electrode 118 (which is common to all LED) disposed on the first light emitting layer; and
a bank 162 disposed on the transistor layer and surrounding the first pixel electrode,
wherein the first pixel electrode and the bank are disposed on a same layer and comprise a same material (material of 160 – fig. 6).
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.
Claims 5, 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim.
Regarding claim 7, fig. 5 of Kim discloses wherein the first layer of the first pixel electrode and the first bank are disposed on a same layer and comprise a same material (see portion of that labeled by examiner as bank in elements of pixel electrode), and the second layer of the first pixel electrode and the second bank are disposed on a same layer (layer 140).
Kim does not disclose that the second layer of the first pixel electrode and the second bank comprise a same material.
However, not that “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).”
As such it would have been obvious to form a device comprising wherein the second layer of the first pixel electrode and the second bank comprise a same material in order to facilitate processing ease.
Regarding claim 9, fig. 5 of Kim discloses wherein the second pixel electrode comprises: a first layer, the first layer and the first bank disposed on a same layer (see portion as labeled by examiner as bank comprising element of pixel electrode) and comprising a same material; and a second layer.
Kim does not disclose that the second layer and the second bank disposed on a same layer and comprising a same material.
However, not that “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).”
As such it would have been obvious to form a device comprising wherein the second layer of the first pixel electrode and the second bank comprise a same material in order to facilitate processing ease.
Regarding claim 15, fig. 5 of Kim wherein the first pixel electrode comprises: a first layer (portion of 321 in V shape portion of 140), the first layer and the first bank disposed on a same layer 140 and comprising a same material; and a second layer (flat layer portion of 321).
Kim does not disclose that the second layer and the second bank disposed on a same layer and comprising a same material.
Kim does not disclose that the second layer and the second bank disposed on a same layer and comprising a same material.
However, not that “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).”
As such it would have been obvious to form a device comprising wherein the second layer of the first pixel electrode and the second bank comprise a same material in order to facilitate processing ease.
Conclusion
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/VONGSAVANH SENGDARA/ Primary Examiner, Art Unit 2893
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